JUDGMENT

Hon'ble V.K. Bist, J.

Mr. Vinod Sharma, Advocate for the applicant and Mr. S.S. Adhikari, A.G.A. for the State of Uttarakhand.

2. Applicant Ashok Chauhan, who is in jail in connection with FIR No.27 of 2017, Under Section- 8, 20 of N.D.P.S. Act, registered at P.S. Mori, District Uttarkashi, has sought his release on bail.

3. On 03.12.2017, an FIR was lodged against the applicant and one Mr. Pushpendra, alleging therein that, both the accused were apprehended while they were coming from Mori market and during search of the bags hanged by them 2.50 kg. charas was recovered from the possession of the applicant and 2.350 kg. charas was recovered from the possession of co-accused Mr. Pushpendra.

4. Learned counsel for the applicant submitted that while arresting the applicant, the provision of Section 50 and Section 52 of N.D.P.S. Act have not been complied with. He submitted that before making arrest of the applicant, the officer concerned has not informed the applicant about his legal right to be searched before the Gazetted Officer. Furthermore, applicant has no criminal history. He submitted that applicant has falsely been implicated in the instant case, which is clear from