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Judgment
15 paragraphs · 276 wordsSubodh Abhyankar, J
This is the second bail application under Section 439 of Criminal Procedure Code, 1973 as he is implicated in connection with Crime No.70/2021
registered at Police Station Ratangarh, District â€" Neemuch (MP) for offence punishable under Sections 8/15 of N.D.P.S. Act. The applicant is in
custody since 10.04.2021.
His first bail application M.Cr.C. No.30307 of 2021 was dismissed by this Court vide order dated 27.08.2021 as withdrawn.
The allegation against the applicant is that he was found in possession of 90kg of poppy straw.
Counsel for the applicant has submitted that the applicant is lodged in jail since 10.04.2021 and the seizure witnesses have already been examined,
who have not supported the case of the prosecution and the final conclusion of the trial is likely to take sufficient long time.
Counsel for the respondent/State, on the other hand, has opposed the prayer
Having considered rival submissions, perusal of the case-diary, it is found that the applicant was accompanying with the other co-accused persons,
namely, Kailash Bheel and Vikram Bheel in a loaded tempo bearing registration No.RJ-06-GB-0866 in which in a secret cavity of the floor the
aforesaid contraband was hidden and there is material on record to suggest that all the accused persons knew about the contraband. So far as the
deposition of the seizure witnesses, who have turned hostile is concerned, it is of no avail to the present applicant at this stage, however, the aforesaid
point can be raised before the trial Court at the time of final hearing of the case. In view of the same, no case for grant of bail is made out.
Accordingly, the application is dismissed.