PALESHWAR KUMAR Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for the applicant, learned AGA for the State-opposite party and perused the record.

(2.) The instant bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 377 of 2023, under Sec. 8/ 18 N.D.P.S. Act, Police Station- T.P. Nagar, District- Meerut, during the pendency of trial.

(3.) Counsel for the applicant submitted that the applicant has been falsely implicated in the instant case. The alleged recovery of 2.96 kg opium shown by the police is false and planted, as there is no independent witness of the same. The alleged contraband is recovered from the bag which was possessed by the co-accused. In terms of N.D.P.S. Act, the allegedly recovered substance is below commercial quantity as the same was recovered from the joint possession of the applicant and co-accused. The mandatory provisions of N.D.P.S. Act have not been complied with. There is no F.S.L. report to establish that the substance recovered is 'opium'. There is no previous criminal history of the applicant. The applicant is in jail since 1/10/2023, in case, he is enlarged on bail, he will not misuse the said liberty.