VIRESH KUMAR GUPTA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Applicant- Viresh Kumar Gupta, who is in Judicial custody in connection with Case Crime/FIR No. 18 of 2024, under Ss. 8/20/60 of the Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station Banbasa, District Champawat has sought his release on bail.

(2.) Learned counsel for the applicant submits that as per the facts narrated in the First Information Report 10 packets of the contraband articles alleged to be charas were recovered from the bag of the applicant. On weighing, the alleged contraband, which was contained in 10 transparent polythene packets, its total weight was 9.940 Kg. After removing these packets and after weighing, the contraband it came to 9.794 Kg. This contraband was mixed and kept in two bundles. Counsel for the applicant further draw attention of this Court to the report of the Malkhana register of Police Station Banbasa, District Champawat.

(3.) Learned counsel for the applicant would submit that the sample from the contraband seized, whereby 10-10 grams of sample was taken on 12/2/2024 from the two bundles. Result of the report of the Forensic Science Laboratory gave positive test of Charas of the samples which were sent to it. Learned Senior Counsel for the applicant has submitted that there are NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (SEIZURE, STORAGE, SAMPLING AND DISPOSAL ) RULES, 2022 (hereinafter referred to as the Rules 2022), which has been framed in exercise of power conferred by Sec. 76 read with Sec. 52-A of the Narcotic Drugs and Psychotropic Substances Act, 1985.