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., 1.586 kg charas, which is said to have been recovered from the possession of the applicant, is slightest 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. He further submitted that identically situated co-accused Vinod Kumar has already been enlarged on bail by the co-ordinate Bench of this Court in Criminal Misc. Bail Application No.652 of 2022, vide order dated 28.4.2022. There are two cases' criminal history of the applicant, which has specifically been explained in para 4 of the rejoinder affidavit. The applicant is in jail since 19.11.2022. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.
