S.C. Mital, J. - (1.) The prosecution case against the petitioner is under section 8(29) of the NDPS Act on the ground that the accused-Shahjad Khan is reported to have stated before the Recovery Officer that the smak which he was selling and was recovered from him was purchased from the petitioner. The learned counsel contended that as there is no material against the petitioner except the above alleged statement of the accused and there is no prior information also the petitioner is being falsely implicated in the case. The police did not find any contraband item in the possession of the petitioner.
(2.) The learned Public Prosecutor opposed the bail application contending that the statement of the accused is relevant as it has been made before arrest and it cannot be said that the petitioner is being.falsely implicated.
(3.) I have perused the case-diary. Having considered all the facts and circumstances of the case, it is deemed just and proper to allow the bail petition.;