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Judgment
11 paragraphs · 155 wordsG.S. Ahluwalia, J
This third application under Section 439 of Cr.P.C. has been filed for grant of bail. The second application was dismissed by order dated 13.9.2021
passed in M.Cr.C.No.44926/2021.
The applicant has been arrested on 4.7.2021 in connection with Crime No.144/2021 registered at Police Station Physical, District Shivpuri for offence
under Section 8/21 of NDPS Act.
As per the prosecution case, 12 Gms. of smack has been seized from the possession of the applicant.
It is submitted by Shri Dubey that the independent witness of seizure has been examined but he has not supported the prosecution case.
Per contra, the application is vehemently opposed by the counsel for the respondent/State. It is submitted that the seizure can be proved by the police
officials also.
In view of the quantity of smack seized from the possession of the applicant, no case is made out for grant of bail.
The application fails and is hereby dismissed.