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., 305 gram of smack, which is said to have been recovered from the possession of the applicant, is slightest above the commercial quantity. There is no independent witness of the alleged recovery. He submits that there is non-compliance of Sections 50 and 52 (A) of N.D.P.S. Act and the plea in this regard has been taken in paras 9 and 10 of the affidavit filed in support of the bail application to which no proper and satisfactory reply has been given by the State. 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 previous criminal history of the applicant, which has specifically been explained in para 21 of the affidavit filed in support of the bail application. He further added that charge sheet has been filed and there is no possibility of fleeing away from the investigation proceedings.
