noted hereinabove, this, in itself, cannot be a ground for granting bail to the said applicant, considering the entire material on record and the fact that against the said applicant, Section 29 of the NDPS Act pertaining to abetment and criminal conspiracy has been invoked. Similarly charge under Section 27A of the NDPS Act is also raised, thereby indicating that prima facie , he can be said to be a part of the larger conspiracy of activities of all the accused persons in the present case. Merely because 3 gms of contraband is recovered from the said applicant, cannot be a ground to favourably consider his case. Since the investigation was initiated in January 2021 and as a follow-up action, even the said applicant was apprehended in May 2021, it cannot be said that the case of the said applicant is to be treated as a separate and independent transaction or case. The argument raised on behalf of the said applicant that he could, at worst, be said to be only a consumer is also not tenable for reasons already recorded hereinabove in the context of contentions raised on behalf of the applicant / accused No.5. The existence of material to show chats between the said applicant and the co-accused persons does indicate the involvement of the applicant. The contention raised on behalf of the said applicant that such chats cannot be said to be clinching material, also cannot be accepted as the same would be a matter for trial.
