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Judgment
7 paragraphs · 178 wordsG.S. Ahluwalia, J
This fourth application under Section 439 of Cr.P.C. has been filed for grant of bail. Third application of the applicant was dismissed on merits by order dated 17.09.2021 passed in M.Cr.C. No.45904/2021.
The applicant has been arrested on 07.04.2021 in connection with Crime No.205/2021 registered at Police Station Ganjbasoda Distt. Vidisha for offence under Section 8/21 of NDPS Act.
SLP filed by the applicant against dismissal of his bail application has already been dismissed as withdrawn by order dated 13.07.2021 passed in SLP (Crl) No.4765/2021.
It is submitted by the counsel for the applicant that independent witnesses of seizure have been examined and they have not supported the prosecution case.
So far as the fact that independent witnesses of seizure have turned hostile is concerned, it is well established principle of law that the question of seizure can be proved by the police personnel and their evidence cannot be discarded only because that they belong to police department.
Accordingly, no case is made out for grant of bail. The application fails and is hereby dismissed.