ORDER :

1. This is an application for regular bail, filed by the sole accused in Crime No. 747/2022 of Bakel Police Station.

2. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.

3. I have perused the relevant documents.

4. The prosecution case is that, on the basis of a reliable information, search was conducted at Room No. 301 of Sreego Resort near Bakel Fort, doubting possession of Narcotic Drugs and Psychotropic Substances, by the accused. On search, 25.33 gm of MDMA and 6.380 gm of Hashish Oil, were recovered from the bag kept at the room of the accused. Subsequently, his body search was conducted and 49.430 gm of MDMA was recovered on body search. On this premise, crime, alleging commission of offences punishable under Sections 22(c) and 20(b)(ii)(A) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the NDPS Act’ hereinafter) was registered and the same is on investigation.

5. The learned counsel for the petitioner pointed out two anomalies in the matter of recovery alleged to be effected by the Investigating Officer. The first point argued is that, though the search was on the basis of prior information, the same is not pr