S.C.Malte, J.

1. The petitioner in this case is being prosecuted on the allegation that during search on 3.9.1995, he was found in possession of 2 kg and 250 grams of opium. The text of the FIR indicates that the police party while on patrol duty spotted the petitioner and on suspicion search him. During the search the above mentioned narcotic drugs was recovered. The material before me does not indicate that provisions of Section 50 of the N.D.P.S. Act were adhered to or not. As the position now appears from the FIR, there was no compliance with Section 50 of the Act. As to whether that was enough entitle the petitioner to acquittal would be another moot question for determination, and at this stage of bail, I would retrain myself from expressing any opinion in that respect. In that connection, my attention was invited to the case of Mohinder Kumar v. State of Punjab, 1995(2) RCR 599, in which their Lordships of the Supreme Court considered that the case of State of Punjab v. Balbir Singh, 1994(3) Recent Criminal Reports 737 : (1994)(3) SCC 299, and further observed that from the stage the police officer has reason to believe that the accused persons were in custody of nar