MAHESH SINGH Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material brought on record.

(2.) The present bail application has been filed on behalf of the applicant, Mahesh Singh, with a prayer to release him on bail in Case Crime No. 343 of 2020, under Sections 8/20/22/23/25/60 N.D.P.S Act, Police Station- Bithoor, District- Kanpur Nagar, during pendency of trial.

(3.) Submission of counsel for the applicant is that the amount of the contraband (10 Kg. 27 gms. of Charas) which has been allegedly recovered from the possession of the accused is not supported by any independent witness. Other submissions showing the falsity of the prosecution story with regard to the recovery have also been made. Further contention is that the statutory provisions of Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 have not been complied with in the right manner. The counsel has also tried to demonstrate the circumstances indicating the false implication of the applicant. It is further submitted that in this case sampling was done on 6.6.2020 at the place of occurrence, which fact is evident from the Case Diary, but the sample was received by Laboratory on 17.7.2020 i.e. by delay of one month and 10 days (copy of the laboratory report dated 24.8.2020 is annexed as Annexure No. 6 to the affidavit), which shows that the sample remained in the custody of the police for more than one month as such there is every possibility of adulteration. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It has also been submitted that the applicant is in jail since 7.6.2020 having no criminal history.