Point of Law: It is also well settled that a proper administration of the criminal justice delivery system, requires balancing the rights of the accused and the prosecution.

JUDGMENT :

1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

2. By means of this application the applicant who is involved in Case Crime No.232 of 2021, under Section 8/20 N.D.P.S. Act, Police Station Bilaspur, District Rampur, is seeking enlargement on bail during pendency of trial.

3. In nutshell, the facts which led to the prosecution of accused are that on 14.06.2021, informant, sub-Inspector, Sanjay Kumar lodged first information report at Police Station Bilaspur, District Rampur against one accused, Aslam alleging inter alia that on 14.06.2021 when he alongwith other police personnel were busy in checking of vehicles, he received information through informer that some persons having illegal and suspicious goods, can be arrested if quick action be taken. On such information, he after giving information to the higher officers, proceeded for the place of occurrence alongwith other police personnel and they reached at village Alinagar. Thereafter, by using the necessary force, the police team arrested the applicant on the spot. On questioning, he disclosed about the transportation of illegal Charas. On search of bag, 1.5 kg. of Charas was recovered from accused, Aslam and from the bag of accused, Farid 2280 Alpramed tablet, Avil injection and 1 kg. Charas from the possession of three persons, as such total 2.5 kg. Charas, 2280 Alpramed tablet, Avil injection, three syringe have been recovered in this case. The accused could not show the authorization of keeping the same. On the basis of aforesaid recovery, a case was registered against the accused at Case Crime No.232 of 2021, under Section 8/20 N.D.P.S. Act, Police Station Bilaspur, District Rampur.

4. Learned counsel for the applicant argued that as per prosecution case, total 2.5 kg. illegal Charas is said to have been recovered in this case, out of which 1.5 kg. Charas was recovered from the bag of applicant, Aslam and 1 kg. was recovered from accused, Wasim. It is next submitted that Investigating Officer has not followed the procedure of Narcotic Drugs and Psychotropic Substances Act (for short the "N.D.P.S. Act"), the alleged recovery has been planted and accused has been falsely implicated. It is submitted that the applicant may be released on bail.

5. Per contra, learned A.G.A. appearing on behalf of the State vehemently opposed the aforesaid statement of learned counsel for the applicant by contending that recovered 2.5 kg. Charas in this case is much more than commercial quantity, out of which 1.5 kg. Charas was recovered from the possession of the applicant. There is no enmity between the applicant and police team, therefore, allegation of false implication upon the applicant is without any basis and against the evidence on record. The amount which has been recovered from the possession of the accused cannot be falsely planted. The mandatory requirement as provided under the N.D.P.S. Act has been followed by the officer concerned. The applicant is also involved in five other cases i.e. Case Crime No.141 of 2006, involving in N.D.P.S. Act, Case Crime No.1569 of 2011, under Sections 395, 397 I.P.C., Case Crime No.403 of 2017, involving in N.D.P.S. Act, Case Crime No.4018 of 2018, involving in N.D.P.S. Act and Case Crime No.139 of 2019, under Section 8/20 N.D.P.S. Act, Police Station Bilaspur, District Rampur, therefore, the bail application of the applicant is liable to be rejected.

6. There is no dispute that commercial quantity of Charas is 1 kg., recovered and seized total 2.5 kg. of Charas and out of which 1.5 kg. has been recovered from the applicant, Aslam is more than commercial quantity, therefore, provisions of Section 37 of N.D.P.S. Act is attracted in this case, which is in addition to Section 439 of Cr.P.C. and mandatory in nature. In view of Section 37 of N.D.P.S. Act before granting bail for the offence of N.D.P.S. Act till conditions as provided Section 37 (1) (b) (i) (2) had to be satisfied. Section 37 of N.D