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2024 (1) TMI 1313

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..... ion 37 of NDPS Act and also considering the allegation levelled against the applicant that he has destroyed the material evidence regarding the aforesaid crime and his two applications on earlier occasions have been rejected on merits by this Court and later on, SLP (Criminal) No. 5271/2023 filed before the Apex Court has also been dismissed vide order dated 20.03.2023 by stating that applicant is not entitled for grant of bail at this stage. Although, 2 panch witnesses have been examined but, investigating officer is also Panch witness and he has not been examined yet, therefore, in view of the aforesaid, in the considered opinion of this Court, there are no material changes in the circumstances in which applicant may be entitled for grant .....

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..... hered that the seized contraband was manufactured in the factory owned by the present applicant and he has destroyed the evidence. Accordingly, offence has been registered against the applicant. 3. Learned counsel for the applicant contended that the applicant is an innocent person and he has been falsely implicated in this offence. He is in custody since 29/04/2022. His two bail applications have been rejected by this Court on merits on earlier occasions. Thereafter, he filed Special Leave to Appeal (Criminal) before Hon'ble Apex Court and the same has been rejected with a liberty to renew the prayer before trial court after examination of Panch witnesses. Later on, both the Panch witnesses - Sunderpal Verma PW-3 and Vinod Rathore PW-4 .....

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..... ion and also taking note of the fact that in the present case, seized quantity of the contraband is more than the commercial quantity and there is specific bar under Section 37 of NDPS Act and also considering the allegation levelled against the applicant that he has destroyed the material evidence regarding the aforesaid crime and his two applications on earlier occasions have been rejected on merits by this Court and later on, SLP (Criminal) No. 5271/2023 filed before the Apex Court has also been dismissed vide order dated 20.03.2023 by stating that applicant is not entitled for grant of bail at this stage. Although, 2 panch witnesses have been examined but, investigating officer is also Panch witness and he has not been examined yet, the .....

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