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Judgment
10 paragraphs · 184 wordsGurpal Singh Ahluwalia, J
Case diary is available
This second application under section 439 of Cr.P.C. has been filed for grant of bail only on the ground that independent witnesses have turned hostile.
The first application was dismissed on merits by order dated 26.12.2023 passed in M.Cr.C. No.56961/2023.
The applicant has been arrested on 22.10.2023 in connection with Crime No.508/2023 registered at Police Station Nawanagar, District Singrauli for offence under Section 8/21 of NDPS Act.
According to the prosecution case, 45 grams of smack has been seized from the possession of the applicant.
It is well established principle of law that even if the independent witnesses of seizure have turned hostile, still the conviction can be recorded on the basis of evidence of police personals.
Admittedly, the evidence of police party has not been recorded so far.
Looking to the quantity of the smack found from the possession of the applicant, this Court is of considered opinion that no case is made out for grant of bail.
Accordingly, the application fails and is hereby dismissed.