Heard learned counsel for the applicant, learned A.G.A for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant,Nadeem, with a prayer to release him on bail in Case Crime No. 147 of 2025, under Sections- 8/21/29 N.D.P.S. Act, Police Station- Gangoh, District- Saharanpur, during pendency of trial.
There is allegation of recovery of 110 grams of smack from the possession of applicant.
Learned counsel for the applicant has submitted that applicant has been falsely implicated in the present case due to ulterior motive, on the basis of false and planted recovery of 110 grams of smack and there is no public witness of the alleged recovery. He next submitted that the mandatory provisions contained in Sections 41, 50, 52, 53 and 57(2) of the NDPS Act were not complied with while making the alleged search and recovery. At the stage of consideration of bail it cannot be decided whether offer given to the applicant and his consent obtained was voluntary. These are the questions of fact which can be determined only during trial and not at the present stage. In case of prima facie non-compliance of mandatory provision of Section 50 the accused is entitled to be released on bail within the meaning of Section 37 of N.D.P.S. Act. The procedure of sampling adopted is in violation of Standing Order/Instruction No. 1 of 1989 dated 13.06.1989 issued by the Government of India under Section 52A of NDPS Act. The applicant is languishing in jail since 03.05.2025. He has no criminal history to his credit. In case he is enlarged on bail, he will not misuse the liberty of bail.