It is contended by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in the present case. He submits that as per the prosecution story, 65.408 kg of contraband substance, i.e., charas is alleged to have been recovered in 129 packets from the car wherein the present applicant was allegedly sitting though there was no independent public eye witness in this regard. He added that in fact, the recovery was allegedly done on 31.7.2023 whereas the samples were taken from all packets and, subsequently, these samples were sent to the Forensic Science Laboratory on 16.8.2024 and no explanation regarding delay is given thereof. He added that the recovery proceedings vitiates in the eyes of law as the same is in contravention of provisions of Section 52-A of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred as 'Act 1985') read with Rules 9 and 10 of the Narcotic Drugs and Psychotropic Substances (Seizure, Storage, Sampling and Disposal) Rules, 2022 (hereinafter referred to as 'Rules 2022) and thus, the trial will not lead to the punishment. Adding his arguments, he submits that there is no previous criminal history of the applicant, which has been explained in para 22 of the bail application and the applicant is languishing in jail since 30.7.2023 and in case, the applicant is granted bail, he will not misuse the liberty and would co-operate in the trial proceedings.
