Contention of learned counsel for the applicant is that the applicant is innocent and he has falsely been planted by the police. He submits that as per prosecution story, 12 Quintal 38 kg. contraband substance i.e. 'Doda' is said to be recovered from the vehicle which is registered in the name of the applicant, though there is no independent public eye witness of the same. He further submits that the applicant was not arrested on spot and his name came into light only in the confessional statement of the co-accused. He submits that in fact, the applicant had given the vehicle on rent and the contraband substance, if any, recovered from the vehicle, there was no knowledge to the applicant that such contraband was being carried out with his vehicle. He also submits that so far as the samples are concerned, there is material doubt that 8.50 kg. sample was taken, whereas the Forensic Science Laboratory report dated 4th of December, 2023 is evident that the sample 50.4 gram was received with the office of the FSL and further the samples were also sent to the FSL after inordinate delay, as samples were taken on 20th of October, 2023 and same were received in the office of FSL on 04.11.2023 and, thus, the whole proceeding of recovery as well as the sampling vitiates in the eyes of law, as the same is in contravention of the 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 argument, he submits that, on the basis of the confessional statement only, the
