FAROOQ HASAN, J. - (1.) HEARD learned counsel for the parties. The learned counsel for the petitioner submits that in this case the search is made by A. S. I. , Abdul Gaffar, P. S. Sendra, Distt. Pali under Section 43 of the N. D. P. S. Act. The learned counsel for the petitioner pointed out more infirmities and non-compliance of the provisions of the Act; such as that the petitioner was not asked to be searched by a Gazetted Officer or to a Magistrate. In number of cases, this Court has observed that the non-compliance of the provisions of the N. D. P. S. Act is fatal for the prosecution and because of the non-compliance, the accused persons have been acquitted by this Court.
(2.) THE learned counsel for the petitioner further submits that the marriage of the petitioner is going to be performed on 4. 07. 91 so he should be released on bail. It has been the practice of this Court that on the special occasions, the accused persons have been enlarged on interim bail; But in view of the fact that in the present case the search has been made by an unauthorised person and that the marriage of the petitioner is going to be performed on 4. 07. 1991, I am inclined to accept this bail petition and the same is allowed. It is, therefore, directed that the petitioner may be released on bail, provided he furnishes a personal bond in the sum of Rs. 50,000/- (Rupees fifty thousand) with two sureties of Rs. 25,000/- each to the satisfaction of Munsif and Judicial Magistrate, Bar for his appearance before the trial Court as and when called upon to do so. This petition is therefore, allowed. .;