(1.) Applicant Sher Singh is in judicial custody in FIR No.01 of 2022, under Ss. 8/21/60 of the Narcotic Drugs and Psychotropic Substances, 2012 ("the Act"), Police Station-Lalkuan, District- Nainital. He has sought his release on bail.
(2.) Heard learned counsel for the parties and perused the record.
(3.) According to the FIR, on 31/12/2022, late in the evening, the applicant was intercepted when he was driving a motorcycle. The applicant tried to run away, but, he was apprehended. He revealed that he had smack. He was given an option under Sec. 50 of the Act. Thereafter, when search was made before a Gazetted Officer, it is the prosecution case that 316 grams smack was recovered from the applicant.