JUDGMENT :

Ravindra Maithani, J.

Applicant is in judicial custody in connection with Special Sessions Trial No. 28 of 2023, in FIR No. 28 of 2020, under Section 8, 20 & 60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“the Act”), Police Station Lamgara, District Almora. He has sought his release on bail.

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

3. This is second bail application of the applicant. The first bail application was dismissed as withdrawn on 26.04.2023.

4. According to the FIR, on 21.10.2023, 1.830 Kg. charas was allegedly recovered from the applicant Shivraj Singh.

5. Learned counsel for the applicant would submit that alleged charas was in the strips form out of which only 100 gram sample was allegedly taken. But, it is not clear as to whether the sample was taken from each strip or it was taken randomly. It is argued that the sample cannot be said to be representative sample 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) 3 SCC 145.

6. In the case of