LINGARAJA RATH, J.

( 1 ) BOTH these Criminal Miscellaneous Cases raise the same question of law as to whether non-compliance with the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') relating to search and arrest ipso facto entitles the accused to be enlarged on bail, and hence are disposed of by this common judgment.

( 2 ) THE facts traversed in Criminal Misc. Case No. 1052/91 are that the Officer-in-charge, Orkel Police Station in the district of Koraput, received a telephonic message on 17-7-1991 at about 11-30 a. m. of the petitioner selling opium and being in possession of the same. The message was entered by him in the station diary and he proceeded at 12-15 p. m. to the Orkel market with two other officers. At the market he found the accused-petitioner in the gorcery shop and upon search in presence of witnesses, recovered 10 grams of opium from his left side trouser pocket. The opium was seized in the presence of witnesses. The seizure list was prepared and since the petitioner could not produce relevant papers relating to the opium he was arrested. After due investigation chargesheet has been submitted on 28-7-1