“5. That as far as role of the Petitioner is concerned, it is submitted here that the Petitioner was the owner and driver of the offending vehicle bearing no. No.PB-65AW-2156, in which both the aforesaid accused had knowingly brought narcotic and psychotropic substance i.e. Ganja, weighing 19 kg and 900 grams from Ambala. Both the accused belonged to same vicinity and they had illegally bought and possessed Ganja. The petitioner and his co-accused had failed to produce any permit or licence for possessing the aforementioned narcotic substance, hence they were arrested on the spot. As the recovery of narcotic substance has been made from the plastic bag kept in the aforesaid Auto as mentioned above and not from the personal search of the Petitioner, hence the compliance of section 50 of NDPS Act was not resorted to at the spot. The forensic evidence in shape of the FSL report dated 25.10.2024 has come on record which shows that the samples taken from the recovered plastic bag by the concerned Magistrate, contain Ganja, which is a narcotic and psychotropic substance as per the NDPS Act. Thus, the petitioner was found in illegal possession of 19 kg and 900 grams of Ganja, which is non-commercial quantity as per Schedule to the NDPS Act.”
