GOPAL VOHRA Vs. STATE OF U P

JUDGEMENT

(1.) K. C. Bhargava, J. This is 2nd Bail application. Heard learned counsel for the parties. Learned counsel for the applicant has argued that compliance of Section 57 of N. D. P. S. Act, has not been done in the present case and as such the search become illegal and the applicant is entitled to bail.

(2.) LEARNED counsel for the State, states that according to the instructions received, the compliance of Section 50 was done with, mandatory time given by the section. No affidavit in support of this contention has been filed by the learned counsel for the State, in spite of the sufficient time having been granted. This application was moved on 1-9-92 the supplementary affidavit was filed on 28-9-92. No further time can be given.

(3.) ACCORDING to the learned counsel for the applicant as there is no counter-affidavit on behalf of the State, the allegations contained in the bail application have to be accepted.