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Judgment
This second application under Section 439 of Criminal Procedure Code, 1973 has been filed by the applicant, who is implicated in connection with
Crime No.04/2014 registered at Police Station NCB Mand-saur, Zonal Unit Indore, District Indore (MP) for of-fence punishable under Section 8 read with Section 21 and 29 of the Narcotic Drugs and Psychotropic Sub-stances Act, 1985 (herein after referred to as the Act).
Learned counsel for the applicant has submitted that the applicant is innocent and he has falsely been implicated in the present case. It is alleged that during seizure proceedings, the applicant and co-accused Sher Khan fled away from the spot. On 27.07.2014, co-ac-cused Sher Khan was arrested at
Bamaniya Railway Station and 475 grams of heroin (brown sugar) alleged to have been recovered from his possession and the Police recorded his statement under Section 67 of the Act regarding recovery of contraband article (750 grams of heroin) from his possession. On the basis of his
statement, the present applicant has been implicat-ed in the present crime. The applicant is in custody since 24.08.2018. The investigation is over and charge sheet has already been filed. Four prosecution wit-nesses have already been examined before the trial Court. Conclusion of the trial will take sufficiently long time. From the statement of independent witness Har-iom Dubey (PW-3) and Kamlesh (PW-4), allegation made against the applicant could not be proved. Un-der these circumstances, learned counsel for the appli-cant prays for grant of bail to the applicant.
Learned counsel for the respondent / NCB has opposed the application by contending that commer-cial quantity of heroin (brown sugar) was recovered from the possession applicant, who informed that on the instruction of co accused Rustam, he was going to delivered the same to one Ismail at Mumbai and this fact has also come in the statement of applicant recorded under Section 67 of the Act, which is admissi-ble in evidence. It is also submitted that the applicant is having criminal antecedents under the Act, there-fore, Section 37 of the Act creates a bar for grant of bail to the
applicant. He also submits that earlier bail ap-plication of the applicant was dismissed on merits by this Court vide order dated 06.02.2019 passed in
Mis- cellaneous Criminal Case No.52319/2018. Thereafter, there is no change of circumstances in which the present application can be allowed.
Hence, the appli-cant is not entitled for grant of bail.
After considering the arguments advanced by the learned counsel for the parties and facts and circum-stances of the case, this Court is of the view that no case is made out for grant of bail to the applicant.
Accordingly, Miscellaneous Criminal Case No.52951/2019 has no merits and is here dismissed.