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 5 kgs. ganja and 38 kgs. woods of Chandan is less than the commercial quantity. 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, Mohammad Adil, has already been enlarged on bail by this Court vide order dated 19.09.2022 passed in Criminal Misc. Bail Application No. 37099/2022. Accordingly, the applicant is also entitled for bail. 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 28.03.2022 and the possibility of conclusion of trial in near future is very bleak.
