JUDGMENT :

Shree Prakash Singh, J.

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

2. The instant bail application has been filed on behalf of the applicant with a prayer to release the applicant on bail during the trial in Case Crime No. 25 of 2205, under Section 8/21 ofNarcotic Drugs and Psychotropic Substances Act, P.S. Zaidpur, District Barabanki.

3. As per allegation in the F.I.R. contraband substance, i.e., 114 gram Morphine is said to have been recovered from the possession of the applicant by the police.

4. It is contended by learned counsel for the applicant that the applicant is innocent and he has been falsely planted by the police. Contraband substance, i.e., 114 gram Morphine, which is said to have been recovered from the possession of the applicant, is below the commercial quantity and there is no public eye witness of the alleged recovery. He submits that there is non-compliance of Section 50 of N.D.P.S. Act and in support of his contention, he has placed reliance upon the Judgment of the Apex Court rendered in the case of Arif Khan @ Agha Khan vs. State of Uttarakhand, (2018) 18 SCC 380 wherein it has been held that manda