Learned counsel for the applicant has submitted that applicant has been falsely implicated in the present case due to ulterior motive, on the basis of false and planted recovery of 40 box of Proxyband's 3251050 MG Paracetamol, Dicyclomine Hyrdochloride Tramadol Hydrochoride Capsules in which, 240 Capsules total 9600 Capsules and 9 paper bod of Bupine Brand 5X5X2 M.L's Buprenorphine injection, in which in one box, 25 injection total is 225 injection have been recovered from the joint possession of applicant and co-accused persons and there is no public witness of the alleged recovery. It is further contended that mandatory provision of Section 50 of N.D.P.S Act has not been complied with. At the stage of consideration of bail it cannot be decided whether offer given to the applicant and his consent obtained was voluntary. These are the questions of fact which can be determined only during trial and not at the present stage. In case of prima facie non-compliance of mandatory provision of Section 50 of N.D.P.S. Act, the accused is entitled to be released on bail within the meaning of Section 37 of N.D.P.S. Act. The applicant has no previous criminal history. It is also submitted that the applicant is in jail since 04.01.2023 and he undertakes that he will not misuse liberty, if granted.
