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, 1 Kg, 320 gms of Ganja is said to have been recovered from the possession of the applicant. Main substratum of argument of learned counsel for the applicant is that the recovered contraband from the possession of the applicant is less than the commercial quantity, therefore, provisions of section 37 of N.D.P.S. Act are not attracted in the instant case. It is further contended that since such recovery is not supported by any independent public witness, possibility of false implication of the applicant in the crime cannot be ruled out. Learned counsel for the applicant has explained the criminal history of four cases shown against the applicant in paragraph No. 9 of the bail application by contending that none of the cases are related to N.D.P.S. Act and in all the cases the applicant is on bail. The applicant is facing detention since 16.10.2020. 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. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. Learned counsel for the applicant lastly submitted that if the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.
