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Judgment
Vivek Bharti Sharma, J
This is the second bail application moved on behalf of the applicant seeking regular bail in NCB Crime No.NCB/DDN/02 and 2A/2020 under Section 8/22/29 of NDPS Act, Police Station NCB Zone, Dehradun. First bail application was dismissed on merits vide order dated 09.08.2021 passed by this Court.
Learned counsel for the applicant would submit that on perusal of the Panchnama (Annexure No.2 to the bail application), it is evident there was non compliance of Section 50 of NDPS Act, therefore, the conviction of the applicant/accused eventually cannot be procured by the prosecution and the applicant deserve to be released on bail on this ground. To buttress his submissions, he would cite a judgment of Hon’ble Apex Court in re “State of Rajasthan vs. Parmanand and Another” (2014) 5 SCC 345.
Per contra, learned counsel appearing for the Narcotics Control Bureau would submit that this is the second bail application and the ground raised by the counsel for the applicant that there is violation of Section 50 of NDPS Act in the case at hand was already taken by the applicant in the first bail application.
To this, learned counsel for the applicant would fairly submit that this ground was taken in the first bail application also.
In view of the above, this Court is of the view that the applicant is not able to make out the case as to what relevant change in circumstances has taken place since the dismissal of first bail application. Second bail application is dismissed accordingly.