Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present crime. It is submitted that the alleged recovery of 1056 kg. of poppy straw from the joint possession of the accused persons, including the applicant, has been planted as the applicant has no connection either with the canter or with the alleged recovered materials. He further submits that the applicant had no knowledge of the alleged vehicle or loading of narcotic substances. It is further submitted that there was no independent or public witness to prove the alleged recovery. The mandatory provisions contained under Section 50 of the N.D.P.S. Act have not been complied with. There is no F.S.L. report which may confirm that the substance recovered is prohibited contraband. The applicant has no previous criminal history. It is stated that after taking note of entire facts and circumstances of the case, co-accused, namely, Rohit Saini and Sonu @ Pravez, have already been enlarged on bail by this Court vide orders dated 08.09.2022 and 07.07.2022 passed in Criminal Misc. Bail Application Nos. 3957/2022 and 7922/2022. Accordingly, the applicant is also entitled for bail on the ground of parity. It is also submitted that there is no apprehension that after being released on bail, the applicant may flee from the course of law or may, otherwise, misuse the liberty of bail and the applicant is in jail since 14.12.2021 and the possibility of conclusion of trial in near future is very bleak.
