It is submitted by learned counsel for the applicant that the applicant is absolutely innocent and has falsely been implicated in the present case with some ulterior motive. It is further submitted by learned counsel for the applicant that as per prosecution case, three persons have been apprehended by the police in the present case. It is next submitted by learned counsel for the applicant that 30 gms of Smack from the possession of the applicant, 40 gms of Smack from the possession of co-accused Shahid Hussain and 30 gms of Smack from the possession of co-accused Mahboob Khan have been recovered. There is no independent witness of the alleged recovery of contraband. It is pointed out by the learned counsel for the applicant that after recovery of aforesaid contraband, first information report has been separately lodged by the police against the applicant as well as co-accused persons of this case. He next submitted that the alleged recovery of contraband is below commercial quantity, therefore provisions of section 37 of N.D.P.S. Act are not attracted in the instant case. It it further alleged that similarly placed co-accused Mahboob Khan and Shahid Hussain have already been granted bail by co-ordinate Bench of this Court vide orders dated 01.12.2020 and 01.12.2020 in Criminal Misc. Bail Application Nos. 42000 of 2020 and 42255 of 2020 respectively, therefore the applicant is also entitled to be released on bail on the ground of parity. It is also submitted that the applicant has no criminal antecedent to his credit and is facing detention since 08.09.2020. It is next
