RAFIQ Vs. N C B

JUDGEMENT

(1.) This is an application by the petitioner for release on bail.

(2.) Learned Counsel for the petitioner has contended that the petitioner is innocent. He has been falsely implicated in the present case. There is absolutely no evidence against the petitioner Nothing was recovered from the petitioner. The petitioner has been in custody for the last near about two years. The petitioner is thus entitled to an order of bail.

(3.) Learned PP, Mr.Dass, has urged to the contrary. According to the learned PP, 5 Kg. of heroine was recovered from the co-accused Shri Ala-ud-din on August 20, 1993. Subsequently, 16.515 Kg. of heroine was recovered on August 21,1993 from the co-accused named above, alongwith 2 Kg. of opium. The learned PP has in this connection led me through the statement of the petitioner. He has stated therein that 5 Kg. of smack was recovered from him in the year 1984. He is facing trial in connection therewith at Tis Hazari Courts.