- (1.) By this third application filed under section 439 of the Cr.P.C., applicant Ishwarsingh has moved the application for grant of bail being implicated in crime No.597/2011 registered by police station Y.D. Nagar, Mandsaur for offence under Sections 8/18, 21, 29 of the N.D.P.S. Act.
(2.) Counsel for the applicant has candidly admitted that this is the third bail application moved on behalf of the applicant. The earlier applications were dismissed as not pressed. Counsel submitted that the witnesses of the seizure have turned hostile in Court and not supported the prosecution case by P.W.1 Kishanlal, p.w.2 Bhanwarsingh, p.w.3 Shyamlal. Counsel submitted that the applicant has been falsely implicated on the basis of memo under Section 27 of the Evidence Act and there is no evidence available on record against the applicant. Moreover, Counsel submitted that coaccused Antim has been granted bail on 12/10/2012. Hence, Counsel has prayed for grant of bail since the applicant is in jail from 25/1/2012.
(3.) Counsel for the respondent State, on the other hand, has opposed the submissions of the Counsel for the applicant and has submitted that the applicant was fully involved in the offence. He has pointed out that 12 kg. opium has been recovered from the joint possession of the coaccused and the applicant. He further submitted that the contraband opium seized from the accused was way above the commercial quantity prescribed under the provisions of law. Hence, Counsel prayed for dismissal of the application.;