(1.) Applicant Prakash Singh, who is in judicial custody in Case Crime/FIR No.46 of 2022, under Ss. 8/20/60 of NDPS Act, Police Station Lohaghat, District Champawat, has sought his release on bail.
(2.) Heard learned counsel for the parties and perused the material available on file.
(3.) Learned counsel for the applicant would submit that two accused persons were arrested with the commercial quantity of Charas; that, as per the FIR the applicant/accused and the co-accused Sandeep Kumar were told about their legal rights and were given option to get themselves searched by the Magistrate or a Gazetted Officer and on the option being chosen by the accused they were searched by the Gazetted Officer i.e. the Circle Officer.