Learned counsel for the applicant has submitted that the applicant is innocent person and has falsely been implicated in the present case due to ulterior motive. It is submitted that the alleged recovery as has been shown from the possession of the applicant is false and planted. It is further stated that recovered article does not belong/come within the purview of NDPS Act. The mandatory provisions contained under Section 50 of the N.D.P.S. Act has not been complied with. There is no F.S.L. report which may confirm that the substance recovered is prohibited contraband. It is further submitted that the coaccused persons, Sakib Ali, Rahamtulla, Hasimuddin Mobin and Abdul Kalam have already been enlarged on bail vide orders 19.09.2022, 12.10.2022, 19.10.2022 and 20.10.2022 respectively, passed in Criminal Misc. Bail Application Nos.41630 of 2022, 45035 of 2022, 43484 of 2022 and 42224 of 2022. Learned counsel for the applicant has next submitted that the applicant having better case for getting bail on account of parity. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. 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. It is further submitted that the applicant is languishing in jail since 17.07.2022 and the possibility of conclusion of trial in near future is very bleak.
