JUDGMENT :

(Ravindra Maithani, J.) :

Applicant Anil Singh is in judicial custody in FIR/Case Crime No.1 of 2023, dated 05.01.2023, under Sections 8/20 of The Narcotic Drugs And Psychotropic Substances Act, 1985 (“the Act”), Police Station Tharali, District Chamoli. He has sought his release on bail.

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

3. According to the FIR, on 04.01.223, police recovered 5.985 Kg. Charas from the possession of the applicant. According to the prosecution, Charas on that date was also recovered from the co-accused in large quantity.

4. Learned counsel for the applicant would submit that the FIR is delayed by 04 hours; the applicant was produced before the Magistrate beyond 24 hours which vitiates the arrest and it is a case of non-compliance of Section 42 of the Act. In support of his contention, learned counsel has placed reliance in the case of Kishan Chand vs. State of Haryana, (2013)2 SCC 502.

5. On the other hand, learned State counsel would submit that after arrest on 04.01.2023, the revisionist was remanded to the judicial custody on 05.01.2023 within 24 hours from his arrest. It is argued that it was a recovery from a public plac