( 1 ) IN these bail applications, similar questions of law have been raised and these are accordingly being disposed of by this common order.

( 2 ) THE submission made on behalf of the learned counsel, for the applicants are that Ss. 42 and 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred as N. D. P. S. Act) are, mandatory and their violation must lead to the presumption of prejudice to the accused. It is further submitted by the learned counsel that if these provisions are violated, the prosecution and. trial will itself be vitiated, and, as such, the accused will be entitled to bail. As a corollary to this proposition, it is submitted that, in considering the grant of bail for violation of these provisions, the alleged fact that large quantity of the narcotic drugs or psychotropic substances was recovered, will be quite irrelevant consideration.

( 3 ) ON the other hand, learned Additional Government Advocate submitted that these provisions may not be considered to be mandatory and if there is reason to believe that accused is prima facie guilty of the offence or he is unable to show prima facie that he is not guilty of the