Judgment

Mr. Aman Chaudhary , J.

The present petition has been filed under Section 439 Cr.P.C. for the grant of regular bail to the petitioner in case FIR No.774 dated 24.12.2021, registered under Section 20 /61/85 of the NDPS Act, at Police Station Narnaund, District Hisar.

2. Learned counsel contends that the petitioner is in custody for the last 1 year and 6 months. He has been falsely implicated in the present case as the alleged recovery of 1 kg and 466 grams of Sulpha (Cannabis) has been foisted on him. Similarly placed co-accused-Ram from whom 1 kg and 008 grams of Sulpha (Cannabis) was recovered, has already been enlarged on bail by this Court vide order dated 22.02.2023, Annexure P-2 having custody of 1 year and 2 months. The mandatory provision of Section 50 of the NDPS Act was not complied with, while effecting the recovery of the contraband. He further submits that out of 13 PWs, only 2 have been examined as yet. The petitioner is not involved in any other case.

3. The custody certificate dated 02.07.2023 has been filed by learned State counsel, which is taken on record. As per the same, the petitioner is behind bars since 25.12.2021.

4. Learned State counsel opposes the