JUDGMENT :

Ravindra Maithani, J.

Applicant Deewan Singh is in judicial custody in FIR No.0030 of 2023, under Sections 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“the Act”), Police Station Lamgarha, District Almora. He has sought his release on bail.

2. According to the FIR, on 01.11.2023, 1.200 Kg charas was recovered from the possession of the applicant. In fact, the FIR records that on that date, the Station House Officer (“the SHO”) was on patrolling duty along with police personnel when they intercepted the applicant and recovered charas.

3. Learned counsel for the applicant would submit that the entire recovery is bad and it has not been done in accordance with law; the recovery could have been made by the empowered officer as specified under Section 42 of the Act. If the officer is not empowered, he should have called the empowered officer at the place of incident, and, thereafter, the investigation would have been done by a separate person. He would submit that the officer joining the recovery team cannot be an Investigating Officer, whereas, it is argued that in the instant case, the SHO, who was the part of the recovery team, himself prepared an inventor