Learned counsel for the applicant has contended that 5 Kg and 500 gm. of Ganja is alleged to have been recovered from the joint possession of the applicant and co-accused, Brijesh Kumar Shukla, which is below the commercial quantity, therefore provisions of Section 37 of the N.D.P.S. Act is not attracted in this case. In fact no such recovery was effected from the applicant. It is further submitted that since such recovery is not supported by independent witness, possibility of his false implication in the crime cannot be ruled out. It is next contended that in the present case the prosecution has failed to follow strictly the provisions of Section 50 of the N.D.P.S. Act. There is no report of chemical analyst. It is also argued that the applicant is absolutely innocent and has been falsely implicated in the present crime with a view to cause unnecessary harassment and victimize him. It is also contended that the coaccused, namely, Brijesh Kumar Shukla has already been enlarged on bail by the coordinate Bench of this Court vide order dated 9.12.2020 passed in Criminal Misc. Bail Application No. 42130 of 2020, therefore, on the ground of parity, the applicant is also entitled to be released on bail. The applicant is in jail since 21.9.2020 and has no criminal antecedent to his credit. In case the applicant is released on bail he will not misuse the
