It has been submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. As per the allegation of the First Information Report, S.I. Anuj Chauhan leading a police party, when they reached at the Rishmi Lok Tiraha, the applicant afraid after seeing the police and running away from there but he was caught by the police personnel at 6:10 AM and after search 550 gm. intoxicated powder of 'Diazepam' from the right pocket of his pant has been found. It is further submitted that the First Information Report has been lodged against the applicant on the basis of false and frivolous allegations. It is further submitted that no incriminating article/contraband has been recovered from the possession of the applicant. The police party had not followed the mandatory provisions of Sections 50 of the NDPS Act. It is further submitted that in order to make search and recovery of the contraband articles from the body of the applicant, search and recovery has to be inconformity with the requirements of Section 50, NDPS Act. A search and recovery made from the applicant of the alleged contraband does not satisfy the mandatory requirements of Section 50, NDPS Act as held by Constitution Bench of Apex Court in the case of Vijaysinh Chandubha Jadeja Vs. State of Gujarat, (2011) 1 SCC 609 .
