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Judgment
G.S. Solanki, Judge
Heard finally. This is the second bail application filed by applicant u/s 439 of the Cr. P.C for grant of bail. First application was dismissed on merits vide order dated 7/02/2012.
The applicant has been arrested on 25/05/2011 in connection with Crime No. 103/2009 registered at P.S. Nayagaon, District Satna for the offence punishable u/s 20 of the N.D.P.S. Act.
Learned counsel for the applicant submits that contraband article (ganja) was not found from the house of applicant or from his conscious possession therefore, he prays for grant of bail to the applicant.
Learned counsel for the State submits that the contraband was seized from the house from where applicant was fled away. It is further submitted that contraband article was seized on the basis of disclosure statement made by co-accused therefore, he prays for dismissal of the bail application.
On perusal of the case diary it reveals that police party seized the contraband from possession of co-accused and recorded the disclosure statement in regard to this applicant. It also reveals that when police party raided the house of applicant, he fled away from the house and police has seized 9 packets of contraband from his house.
There is no changed circumstances in this case therefore, I am not inclined to grant bail to applicant u/s 439 of Code of Criminal Procedure.
Accordingly, the application is hereby dismissed. Certified copy as per rules.