It is submitted that the applicant has been falsely implicated in the instant case. Learned counsel for the applicant on the strength of Section 2(viia) of the N.D.P.S. Act states that "commercial quantity", in relation to narcotic drugs and psychotropic substances, means any quantity greater than the quantity specified by the Central Government by notification in the Official Gazette. It is further submitted that the quantity of the contraband in question i.e. ganja, which is alleged to be recovered from the possession of the applicant is 20 kgs which was planted on the applicant to frame him in the instant case to show proficiency of police investigators. The submission further is that the weight of the recovered substance as stated in the F.I.R. is unreliable as accurate scientific instruments were not used for weighment as well as no forensic science laboratory report has been submitted which confirms that the substance allegedly recovered is prohibited under the NDPS Act. It is also submitted that there is no independent witness to the alleged recovery and the the mandatory provisions of Section 42 and Section 50 of the NDPS Act have been violated. It is also submitted that the criminal history of the applicant has been satisfactorily explained in paragraph16 of the affidavit in support of the bail application. It is finally submitted that the applicant is in jail since 26.12.2021, undertakes not to misuse the liberty of bail, trial is not likely to be concluded in the near future, he be enlarged on bail.
