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Judgment
G.S. Ahluwalia, J
This fourth repeat application under Section 439 of Cr.P.C. has been filed for grant of bail. Third bail application of the applicant was dismissed by
order dated 24/09/2021 passed in MCRC No.47500/2021.
The applicant has been arrested on 21/02/2021 in connection with Crime No.145/2021 registered at Police Station Dabra, District Gwalior for offence
under Section 8/18 of NDPS Act.
It is submitted by the counsel for the applicant that although, 515 grams of Opium has been seized from the possession of the applicant, but the
independent witnesses of seizure have been examined and they have not supported the prosecution case.
Per contra, the application is vehemently opposed by the counsel for the State. It is submitted by the counsel for the State that the seizure of the
contraband can be proved by the Investigating Officer also.
Considering the huge quantity of Opium, no case is made out for grant of bail.
Accordingly, the application fails and is hereby dismissed.