It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is further argued that as per allegation in the FIR, the police personnels, upon information received from the informer, raided on the spot and the applicant is said to have been arrested on the spot showing recovery of 250 gm. intoxicating powder (Alprawin) from the possession of the applicant. It is further argued that the recovery shown by the Police is false and planted and is not supported by any independent witness. It is further argued that in spite of giving sufficient time to learned A.G.A., they have not been able to place anything on record to show that the recovered material is contraband or not. It is next argued that the Police has also not complied with the provisions of Section 50 of NDPS Act as he was not searched before any Magistrate or gazetted officer. It is further argued that the applicant has no criminal history except the present case and is languishing in jail since 28.03.2019. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
