JUDGMENT :

(Ravindra Maithani, J.) :

Applicant is in judicial custody in FIR No. 418 of 2023, under Section 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Nehru Colony, District Dehradun. He has sought his release on bail.

2. Heard learned counsel for the parties and perused the record.

3. According to the FIR, on 30.10.2023, 1210 gram charas in a strip from were recovered from the applicant.

4. Learned counsel for the applicant would submit that it is case of recovery of commercial quantity of charas because sample of 100 grams was taken, which was randomly taken, not taken from each of the strips. Therefore, it cannot be said that the sample was the representative sample of the allegedly recovered quantity. It is argued that the applicant is not a previous convict. The applicant has already stated as to who was the owner of the charas. In support of his contention, learned counsel has placed reliance on the principles of law, as laid down by the Hon’ble Supreme Court, in the case of Gaunter Edwin Kircher Vs. State of Goa, Secretariat Panaji, Goa, (1993) 3SCC 145.

5. In the case of Gaunter Edwin Kircher (supra), the Hon’ble Supreme Court observed t