SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS 24.03.2025 BAI No.2746 of 2023 Hon’ble Alok Mahra, J. Mr. Pankaj Tangwan, learned counsel for the applicant. 2. Mr. Akshay Latwal, Brief Holder for the State. 3. Applicant- Jaybeer Ram, who is in judicial custody in connection with FIR No. 36 of 2023, under Sections 8 and 20 of the NDPS Act, 1985, registered at Police Station Tharali, District Chamoli, has sought his release on bail. 4. Heard learned counsel for the parties and perused the material available on record. 5. According to the FIR, on 03.10.2023, 1002 Grams Charas in the strips form were recovered from the possession of the applicant. 6. Learned counsel for the applicant would submit that the sample that has been taken was taken randomly; it has not been taken from each strip. Therefore, the sample cannot be said to be the representative sample. 7. 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. 8. In the case of Gaunter Edwin Kircher (supra), the Hon’ble Supreme Court observed that “before examining the scope of this provision, we shall first consider whether the prosecution has established beyond all reasonable doubt that the accused had in his possession two pieces of Charas weighing 7 gms and 5 gms respectively. As already mentioned only one piece was sent for chemical analysis and PW 1, the Junior Scientific Officer who examined the same found it to contain Charas but it was less than 5 gms. From this report alone it cannot be presumed or inferred that the substance in the other piece weighing 7 gms also contained Charas. It has to be borne in mind that the Act applies to certain narcotic drugs and psychotropic substances and not to all other kinds of intoxicating substances. In any event in the absence of positive proof that both the pieces recovered from the accused contained Charas only, it is not safe to hold that 12 gms of Charas were recovered from the accused. In view of the evidence of PW 1 it must be held that the prosecution has proved positively that Charas weighing about 4.570 gms was recovered from the accused.” 9. Learned State counsel, under instruction, would submit that the samples were not taken from each of the strips, it was randomly taken. 10. Can such sample be termed as representative. This and many more questions would find answer during trial. 11. Having considered the above submissions, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail. The bail application is allowed. 12. Let the applicant be released on bail, on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the court concerned. (Alok Mahra, J.) 24.03.2025 Kaushal