It is submitted that applicant has been falsely implicated in the instant case. False recovery of 5Kg 280gm Ganja has been shown from the personal possession of the applicant. There is no independent witness to the recovery. The contraband recovered is below commercial quantity. It is next contended that the bolero jeep and the truck from which Ganja alleged to have been recovered belongs to the co-accused, Mohd. Alam. The said confession has been recorded in the first information report. It is further contended that the co-accused, Irshad and Furkan @ Fukran, have been granted bail by this Court in Criminal Misc. Bail Applications No. 49511 of 2022 and 56240 of 2022 vide orders dated 20.12.2022 and 09.12.2022. It is next contended that the role of the applicant is clearly distinguishable from that of co-accused, Mohd. Alam. It is further contended that the procedure of sampling adopted is in violation of Standing Order/ Intimation No. 01 of 1989 dated 13.06.1989 issued by Government of India under Section 52-A of N.D.P.S. Act. The criminal history of the applicant has been explained in para no. 17, 18 and 19 of the affidavit. In all the cases, the applicant has been granted bail by the court concerned. The applicant is in jail since 04.09.2022. In case, he is enlarged on bail, he will not misuse the said liberty.
