iterated t h at the alleged recovery is h i ghly doubtful as no independent witness h as been associated with the recovery proceedings. According to learned c o unsel, there are inherent discr e pancies with regard to exact pl a ce of recov e ry as no material in the shap e of CCTV footage or call det a ils records t o establish the presence of the petitioner at the alleged spot h as been bro u ght on record which compl e tely demolishes the case of the prosecuti o n. Learned counsel has further s ubmitted that mandatory provisi o ns of the N D PS Act have not scrupulously been complied with, and thus, the prosecuti o n case suffers from inherent d e fects. Learned counsel has furt h er contende d that the prosecution has fail e d to join any independent pu b lic witness to the search and seizure pro c eedings despite the fact that the alleged r e covery has been made from a public place. Furthermore, the entire ca s e against the petitioner rests so l ely on the documents prepared by police of f icials, alleged recovery memos and statements of police witnesses and there is no independent corroboratio n nay credible material to estab l ish the cons c ious possession of the narc o tic and psychotropic substa n ce. Furtherm o re, the entire case of the prosecution is based on conjectures a nd surmises and lacks any credible evidenc e to connect the petitioner with the alleged r ecovery. It has been furthe r contended that the mandat o ry provision s of Section 42 of the NDPS A ct have not been complied wit h in letter an d spirit. Learned counsel has iter a ted that the trial is delayed and the liability t h ereof cannot be fastened upon the petitioner. It has been furt h er iterated t h at the petitioner is in custody since 18.07.2025 and has alre a dy undergon e a substantial period of custod y . According to learned counsel, the trial is likely to take a considerable time to conclude as out of 16 AJAY KUMAR prosecuti o n witnesses cited, none has been examined. Moreover, the 2026.07.24 11:35 I attest to the accuracy and integrity of this document
