IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30376 of 2008 SHYAM MANDAL Versus STATE OF BIHAR ----------- 2. 25.9.2008 Heard. The petitioner was coming into India after crossing the Nepalese boarder and was found carrying some articles on his shoulder. The bundle was seized and it was found that the same was containing five K.G. of Nepalese ganja. It was contended by referring to Section 50 of the NDPS Act that the person of the petitioner was searched and it was mendatory for the police officer to making the search to call a Magistrates or produce the petitioner before him or allow the petitioner to be searched before gazetted officer. It was further contended that above option not being given to the petitioner the evidence of search appears not admissible. While hearing a petition for bail the court is called upon to consider three things:- (1)That a notice to the public prosecutor on the hearing of the petition has been given. (2)That there is a reasonable ground for - 2 - the court to believe that the accused has not committed the offence under the said Act. (3)That after being released on bail the accused shall not commit the same offence. Section 37(1B) does not indicate that for considering a prayer for bail is admissibility of the evidence has to be considered. As facts stand there could not be any finding coming from this court that the petitioner does not appear to committing any offence under the Act. Petition is dismissed. B.Kr. ( Dharnidhar Jha, J. )