It is contended by learned counsel for the applicant that the applicant is innocent and he has been falsely planted by the police. Contraband substance, i.e., 2.176 kg charas, which is said to have been recovered from the possession of the applicant, is above the commercial quantity. There is no public eye witness of the alleged recovery. He submits that there is non-compliance of Section 50 of N.D.P.S. Act and in support of his contention, he has placed reliance upon the Judgment of the Apex Court rendered in the case of Arif Khan @ Agha Khan vs. State of Uttarakhand, (2018) 18 SCC 380 wherein it has been held that mandatory procedure of Section 50 of the N.D.P.S. Act has to be complied with in regard to search and recovery. There is no cogent piece of evidence so as to connect the present applicant with the instant matter. Charge sheet has been filed, as such, there is no possibility of either fleeing away or tampering the evidence or threatening the witnesses. There is one case criminal history of the applicant, which has specifically been explained in para 13 of the bail application. The applicant is in jail since 6.12.2020. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.
