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Judgment
6 paragraphs · 222 wordsNandita Dubey, J
This is the repeat (2nd) application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail. His first bail application was dismissed on merit on 23.11.2021 in M.Cr.C. No.51705/2021.
The applicant is in custody since 14.6.2021 in connection with Crime No.154/2021 registered at Police Station Crime Branch Bhopal (M.P.) for the offence punishable under Section 8/20 of the NDPS Act.
As per the prosecution, the present applicant along with two co-accused persons were apprehended carrying 1 Quintal 1 Kg. 400 Gram ganja in his vehicle.
Learned counsel for the applicant submits that two seizure witnesses have been examined before the Trial Court and both of them have turned hostile and not supported the prosecution story.
A perusal of the requisition of Mehfooz Khan (PW/1), Chand @ Kamruddin (PW/2) shows that in para 8 both of them admitted the signature on the documents P-1 to P-19; however, their contention was that the seizure was not effected in their presence. Just because the seizure witnesses have turned hostile and not supported the initial prosecution story cannot be a ground for grant of bail to the applicant, especially when the quantity of ganja seized from the present applicant and other co-accused is more than one Quintal. No ground for bail is made out. The bail application is dismissed.