JUDGMENT :

Sanjeev Kumar, J.-This is an application by the petitioner under Section 439 of the Code of Criminal Procedure, 1973 seeking his enlargement on bail in case FIR No.10/2020 under Section 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 [“the Act”] registered with Police Station, Karalgund district Kupwara. Prior to approaching this Court, the petitioner had moved a similar application before the Additional Sessions Judge, Handwara [“the Trial Court”] where the trial against the petitioner is pending adjudication. The Trial Court after appreciating the rival contentions did not find it a fit case to enlarge the petitioner on bail pending trial and as a result, rejected the application for bail filed by the petitioner vide its order dated 26th June, 2021.

2. Being dissatisfied and aggrieved by the order dated 26th June, 2021 passed by the Trial Court the petitioner has filed the instant petition seeking indulgence of this Court to grant him bail in the aforementioned case.

3. The petitioner seeks his enlargement on bail, inter alia, on the following grounds:-

i) The petitioner is innocent and has been falsely implicated in the FIR registered for commission of offence under Section 8/20 NDPS Act.

ii) That while making search and recovery the Investigating Officer has not followed the mandatory procedure laid down under Section 50 of the Act. Reliance is placed on the Constitution Bench judgment of the Supreme Court in the case of State of Punjab v. Baldev Singh, (1999) 6 SCC 172.

iii) That there has been violation of Section 42 of the Act while effecting seizure of the alleged contraband item.

iv) That the FSL report in original was not a part of the Final Police Report submitted by the Investigating Officer under Section 173 Cr.P.C. and the Photostat copy of the FSL report was of no evidentiary value. The case of the prosecution is, therefore, bound to fail. In these circumstances, the Trial Court should have enlarged the petitioner on bail.

v) That the procedure adopted by the Investigating Officer while collecting the sample and sending it to FSL for chemical examination was not proper. The prosecution case is that a charas like substance wrapped in maize leaves was recovered from the possession of the petitioner without indicating as to how many maize leaves in all were recovered from the possession of the petitioner and as to whether the sample of the alleged contraband item wrapped in each maize leaf was picked up. It is submitted that in the absence of proper procedure having been followed the case of the prosecution is bound to fail and in these circumstances the petitioner cannot be kept in jail pending trial.

vi) That the petitioner is suffering from many life threatening ailments and in case he is kept in incarceration for long he may lose his life without proper treatment.

4. On being put on notice, the respondents have caused appearance through Mr. Sajjd Ashraf, learned Government Advocate and have opposed the bail application vehemently. In the objections filed for and on behalf of the respondents it is submitted that on 01.03.2020, the police party headed by ASI Abdul Rashid laid a nakka at Humpora Crossing for frisking of the travelers and others. While frisking the vehicle and the people at the said crossing a suspicious movement was noticed. The person tried to escape from the post. He was given a chase and was apprehended. During preliminary questioning, apprehended person disclosed his identity as Abdul Majeed Lone, the petitioner herein and from his personal search, charas like substance weighing approximately 1100 gms wrapped in maize leaves was recovered from his possession. FIR No.10/2020 was registered in the Police Station under Section 8/20 NDPS Act and the investigation taken up. During investigation, all legal formalities including recording of statements of the witnesses under Section 161 and 164 Cr.P.C. were completed. The contraband item seized from the petitioner was seal