JUDGMENT :

This is second bail application moved on behalf of the applicant seeking bail in relation to FIR No. 214 of 2020 for the offences punishable under Section 8/20/60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 registered at P.S. Lalkuan District Nainital.

2. The first bail application being BA1 No. 2060 of 2020 was dismissed as not pressed vide order dated 16.09.2022.

3. As per the prosecution, when the police party was on daily routine of patrolling to maintain peace and security during covid period they saw a vehicle (white in colour) UK04Z5454 coming from the Haldwani towards Lalkuan, they stopped the vehicle in which three persons were sitting and when asked to show the papers of the vehicle, then the two persons confessed that they have charas with them. The search was made before the gazetted officer and during search in a polythene 5.2kg charas was recovered from the possession of the present accused. In the back seat of the vehicle one another person namely Prakash Chandra was sitting from whose possession 4.9 kg charas was recovered.

4. The learned senior counsel for the applicant submits that the mandatory provisions of the NDPS Act have not been compl