The submission of learned counsel for the applicant is that as per the story of prosecution, the applicant was apprehended by the police on 31.01.2022 and the prosecution has shown recovery of 25 Petties (Base) of illegal liquor as also contraband substance i.e. 1.8 Kg Ganja from the possession of the applicant. After being apprehended, the applicant was implicated in the present case as also in four other cases i.e. Case Crime Nos. 25 of 2022, 26 of 2022, 36 of 2021 and 37 of 2021. It is stated that just to harass the applicant, separate FIR was lodged against him. It is also stated that in Case Crime Nos. 25 of 2022, 26 of 2022 and 37 of 2021, the applicant has been enlarged on bail. It is further stated that there is no independent public witness of alleged recovery so as to support the story of prosecution. The FSL Report, which is relevant in this case, is also not available with the prosecution till date and despite the same, the prosecution has filed charge sheet in the matter, as such, the applicant is not in a position to tamper with the evidence available on record or influence the witnesses of prosecution. It is further stated that the quantity of Ganja as indicated in FIR is much below the commercial quantity as indicated in the NDPS Act, 1985. It is further stated that the criminal history of the applicant has been explained in para 2 of supplementary affidavit, in which the applicant is on bail except in Case Crime No. 36 of 2021. Learned counsel for the applicant also stated that the present bail application may be considered on its own merits. In these circumstances, the applicant is entitled to bail.
