(1.) The present second application for bail has been filed by the applicant under Sec. 439 of the Cr.P.C. in connection with FIR No.502/2023, registered at Police Station Gharsana, Anopgarh for the offences under Ss. 8/21 and 25 of the NDPS Act.
(2.) The first bail application being S.B. Criminal Misc. Bail Application No.15327/2023 is dismissed by this Court vide order dtd. 8/12/2023 as withdrawn with liberty to file a fresh once the charge-sheet is filed.
(3.) Mr. Bhatnagar, learned counsel for the applicant submitted that now charge-sheet has been filed, while highlighting that the contraband recovered from the applicant is below commercial quantity (55 gm Heroin) and prayed that the applicant be enlarged on bail as Sec. 37 of NDPS Act does not come in applicant's way.