It is submitted by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case with some ulterior motive. It is further contended by the learned counsel for the applicant that 110 gms of Diazapam is alleged to have been recovered from the possession of the applicant, which is false, fabricated and planted. In fact no such recovery was effected from the possession of the applicant. It is next contended that the alleged recovered substance is less than the commercial quantity. There is no independent witness of the alleged recovery. Learned counsel for the applicant further contended that mandatory provisions of NDPS Act has not been complied with in the present case. It is next contended that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. It is next contended by the learned counsel for the applicant that there is criminal history of one case shown against the applicant, in which he has been acquitted by the court concerned vide order dated 08.04.2019 in Special Sessions Trial No. 1 of 2018., copy of which has been filed as annexure 2 to the affidavit filed in support of the bail application. The applicant is in jail since 23.01.2019 and in case he is enlarged on bail, he will not misuse the liberty of bail.
