N.L.TIBREWAL,J. - (1.) PETITIONER -Daud Ali has filed this second application for his bail Under Section 439, Cr.P.C. The earlier one was rejected by this Court on August 10, 1993. The earlier bail application was decided on merits of the case. The accusation against the accused -petitioner is that he was found in possession of 25 gms. of smack, on the search of his body, on May 15, 1993.
(2.) IT is urged by the learned Counsel that the petitioner was falsely implicated, as he was having inimical relations with Deputy Superintendent of Police (Dy. S.P.) Shri Surendra Nath. Learned Counsel further contended that after his arrest, telegrams were sent to the Higher Authorities, stating therein that the petitioner was falsely implicated in the case. Then, it was contended that the report of chemical examination of the sample from Forensic Science Laboratory (for short, 'FSL') has not been received so far and the trial is likely to be delayed. I have given my anxious consideration to the above submissions, Section 37(1)(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity, 'NDPS Act') provides that no persons accused of an offence punishable for a term of imprisonment of five years or more under this Act shall be released on bail on his own bond unless: - (i) the Public Prosecutor has been given an opportunity to oppose the application for such release; and (ii) where the Public Prosecutor opposes the application, the Court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail.
(3.) AS per prosecution case, the Dy. S.P. Bhawani -Mandi, on getting information that the petitioner was selling smack, went to the spot and found him there. On his search, 25 gms. of smack was recovered from his possession. At this stage, it cannot to said that there are reasonable grounds for believing that the petitioner is not guilty of the offence, for which he has been arrested and simply because some telegrams were given to the higher authorities, after his arrest, no inference can be drawn that he was innocent. After registration of the case, the police investigated the matter and has filed a charge -sheet.;