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Judgment
12 paragraphs · 183 wordsG.S. Ahluwalia, J
This ninth application under Section 439 of Cr.P.C. has been filed for grant of bail. Last bail application of the applicant was dismissed by order dated
20.11.2020.
The applicant has been arrested on 04.12.2018 in connection with Crime No. 700/2018 registered at Police Station Gwalior Distt. Gwalior for offence
under Section 8/21 of NDPS Act.
The allegations against the applicant are that he was found in possession of 30 grams of smack. It is submitted by the counsel for the applicant that
this Court has granted bail in some cases, where ganja was seized.
The above submission made by the counsel for the applicant cannot be appreciated. Each and every case has to be decided on its own facts and
circumstances. The recovery of 30 grams of smack clearly indicates that the applicant has contact with drug paddlers and, therefore, the case of the
applicant cannot be equated with that of the accused from whom ganja was seized.
Looking to the quantity of smack, no case is made out for grant of bail.
The application fails and is hereby dismissed.