It is contended by learned counsel for the applicant that the applicant is innocent and he has been falsely planted by the police. He next added that 1 Kg and 300 grams of charas (Psychotropic Substance) was recovered from the applicant but there is non-compliance of Section 50 of the 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 next added that there is no independent eye witness of the aforesaid recovery. He added that there is a criminal history of the applicant, which has been explained in supplementary affidavit. He further stated that identically situated co-accused Rajeshwari Rai has been granted bail by this Court, vide order dated 27.6.2024 passed in Criminal Misc. Bail Application No.5107 of 2024. He next submits that the applicant is a law abiding citizen and he is in jail since 19.02.2024. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.
