Subhash Vidyarthi, J.

1. Heard Sri Rajesh Dutta Pandey, the learned counsel for the applicant, Sri Arun Kumar Pandey, the learned Additional Government Advocate and perused the record.

2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 476 of 2022, under Sections 21/22 of The Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Highway, District Mathura during pendency of the trial in the Court below.

3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 02.05.2022 by a Sub Inspector of Police, alleging that during routine patrolling, the applicant was apprehended on the basis of suspicion and he himself told that he was having Alprazolam.

4. As per the F.I.R., the informant was told about his right under Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 of being taken to some Gazette Officer or a Magistrate for his personal search but the applicant stated that he did not want to exercise that right as he had full faith on the Police officials who had apprehended him. Thereafter, the consent form under Section 50 of the NDPS Act was prepared and the applicant's signatures were taken there on. Thereafter, the applicant's personal search was carried out and 150 gram Alprazolam was recovered from a polythene being carried in his hand.

5. A copy of the consent form has been annexed with the affidavit and it does not bear signatures of the applicant.

6. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case.

7. The State has filed a counter affidavit opposing the prayer for grant of bail to the applicant. It has been stated that the applicant has criminal history of four other cases. The substance recovered was sent to the Forensic Science Laboratory, Agra and that upon chemical examination, the substance has been found to be Alprazolam.

8. However, nothing has been stated in the counter affidavit in reply to the averment made in the affidavit filed in support of the bail application that the consent form does not bear signatures of the applicant and, therefore, the aforesaid averment stands admitted by implication.

9. A rejoinder affidavit has been filed explaining the applicant's criminal history of four cases. One case bearing Case Crime No. 1614 of 2018 under Section 3/4 of the Public Gambling Act, 1867, Police Station Highway, District Mathura stands decided on the basis of his confession and in rest of the three cases, the applicant has been granted bail.

10. The applicant is languishing in jail since 13.05.2022.

11. Having considered the aforesaid facts and circumstances, what prima facie appears from the material available on record at this stage is that although the personal search of the applicant was carried allegedly by taking his consent by obtaining his signatures on a paper, the paper does not bear signatures of the applicant. Therefore, prima facie it appears that a false averment has been made in the F.I.R. that prior to conducting personal search of the applicant, the applicant's written consent was obtained. Thus, prima facie it appears that the mandatory provision of Section 50 of the NDPS Act have not been followed in the present case. Moreover, from the material available on record, it does not appear that the samples of the substance was drawn in accordance with the procedure prescribed under Section 52-A of the NDPS Act and the guidelines issued by the Hon'ble Supreme Court in the case of Union of India Vs. Mohanlal reported in (2016) 3 SCC 379.

12. Keeping in view the aforesaid discussions and without making any observation which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case of enlargement of the applicant on bail.

13. In light of the preceding discussion and without making any observation on the merits of the case, the instant bail application is allowed.

14. Let the applicant Khem Singh be released on bail in Case Crime No. 476 of 2022, under Sections 21/22 of The Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Highway, District Mathura on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below, subject to the following conditions:-

(i) The applicant will not tamper with the evidence during the trial.

(ii) The applicant will not influence any witness.

(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

(iv) The applicant shall not directly or indirectly make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.

15. In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.