1. Heard the learned counsel for the parties and perused the records.

2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 03 of 2024, under Sections 8/20 of Narcotic Drugs and Psychotropic Substances Act, registered at Police Station Mirzapur, District Saharanpur.

3. The aforesaid case has been registered on the basis of an F.I.R. lodged by a Senior Sub Inspector of Police on 08.01.2024 at 00.55 Hrs. stating that the applicant was apprehended on the basis of suspicion on 07.01.2024 at 23.55 Hrs. He told that he was carrying charas in a bag held in his hand. He was informed about the provisions of Section 50 of Narcotic Drugs and Psychotropic Substances Act to the effect that he had the option to be taken to a Magistrate or a Gazetted Officer for search. The applicant agreed to be searched in presence of a Gazetted Officer on the spot, whereupon the Circle Officer was called to the spot and 10.50 Kilograms charas was kept in the bag held by the applicant in his hand.

4. In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history.

5. The State filed a counter affidavit stating that the article recovered has been sent for chemical examination. The acknowledgment receipt of sample sent for testing merely mentions '01 bundle' and it does not mention quantity of material in the sample.

6. The learned A.G.A. has opposed the prayer for bail and submitted that as per the entry made in the case diary the sample of 50 grams was taken in presence of Magistrate but even as per the case diary the sample was not drawn in duplicate.

7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the sample has not been drawn drawn in duplicate; that the acknowledgment of the articles sent for chemical examination does not mention its quantity; that the applicant has no previous criminal history and he is languishing in jail since 09.01.2024 and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

8. Accordingly, this bail application stands allowed.

9. Let the applicant- Istkar be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court.