Submission of learned counsel for applicant is that the applicant is innocent and has falsely been implicated in the present case. As per story of the prosecution, the applicant and two other coaccused persons, namely, Gabbar and Mohammad Ashraf were apprehended by the police and from the possession of each of the accused the recovery of 50 gms Smack has been shown, which is much below the commercial quantity of 250 gms. prescribed in the schedule of the NDPS Act of 1985. This aspect of the case has not been disputed by the learned AGA. In these facts and circumstances of the case, the rigors of Section 37 of the Act of 1985 would not be an impediment in granting the bail to the applicant. It is further stated that mandatory provisions related to search and seizure were not complied with. The recovery shown by the prosecution is planted one. There is no public independent witness to support the story of the prosecution. FSL report is still awaited. The applicant is in jail since 01.02.2022 and the possibility of conclusion of trial in near future is extremely bleak. He has no previous criminal antecedents.
