J. G. Chitre, J. -- 1. The applicant is praying for bail. He has been charged for committing offences punishable under S. 8/18 of the Narcotic Drugs and Psychotropic substances Act, 1985 (hereinafter referred to as 'the N .D.P .S. Act').

2. Prosecution case is that on 9.9.93 about 8.15 p.m. T.I.,S.M. Khan in charge of P.S. Rajendra Nagar Indore got information that a person wearing green colour shirt and travelling in a private V.D.O. Coach bus beating No. MPC-9 from Indore to Bombay was possessing brown sugar. Thereafter, the police took necessary steps and the applicant was caught in the said bus. 3 Kg. of brown sugar was found kept in a bag handing on the shoulder of the applicant. The search was taken in presence of panch witnesses.

3. Learned counsel for the applicant Shri M.A. Khan with Shri J.K. Joshi submitted that important provisions of NDPS Act have not been complied with by the prosecution and that has resulted in injustice. He placed reliance on a judgment of Supreme Court in the matter of State of Punjab v. Balbirsingh reported in judgments to day 1994 (2) at page 109 and submitted that Supreme Court has held that provisions of S. 50 are mandatory and non-complianc