The submission of learned counsel for the applicant is that false recovery of 20 gm of heroine has been shown from the possession of the applicant, as there is no independent public witness to it so as to support the story of prosecution. The FSL report is also not available and the charge-sheet has been filed before the Court concerned. In this view of the matter, the applicant is not in a position to tamper with the evidence available on record or influence the witnesses of prosecution. The applicant is in jail since 28.01.2022. He submitted that earlier also, the applicant was implicated in the offence related to NDPS Act i.e. in Case Crime No. 163 of 2019 and 333 of 2020, in which the applicant has already been released on bail by this Court vide orders dated 14.01.2020 and 10.08.2021 passed in Criminal Misc. Bail Application Nos. 2143 of 2020 and 22470 of 2021. In another case of Gangster Act i.e. Case Crime No. 25 of 2021, the applicant has been enlarged on bail vide order dated 01.10.2021 passed in Criminal Misc. Bail Application No. 37631 of 2021. It is further stated that the quantity indicated in the FIR i.e. 20 gm heroine is much below the commercial quantity as indicated in NDPS Act, 1985. In these circumstances, the applicant is entitled to be released on bail.
