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2022 (4) TMI 765 - HC - Indian LawsSeeking grant of regular bail - Smuggling - Indian Currency - Methylenedioxphenyl - Propanone - validity of statement under Section 67 of the NDPS Act - HELD THAT:- As far as the question that the petitioner has been in incarceration for the last 7 years and the trial is still yet continuing, this can be one of the ground for consideration of the bail application but the same is not so in the case of the petitioner, specifically when it has been categorically stated by the respondent-DRI that the petitioner is a habitual offender and while on bail he has been booked in two cases of NDPS Act. This conduct of the petitioner does not entitle him to be released on bail simply because he has been incarcerated for a long period. The reasons given by the petitioner for claiming grant of bail become insignificant on account of huge recovery mentioned hereinabove and the two involvements of the petitioner in the same offence under NDPS Act while he was on bail. At this stage of the case, all that could be seen is whether the statement made on behalf of the prosecution witnesses, if believable, would result in conviction of the petitioner or not. But at this juncture one cannot say that the petitioner/accused is not guilty of the offence if the allegations made in the charge are established - In cases where narcotics drugs and psychotropic substances are involved, the accused would indulge in activities which are lethal to the society and in the instant case, the petitioner has already indulged in two other cases while on bail. The other contention raised by the counsel for the petitioner that the prosecution has not been able to connect the tenanted premises with the petitioner or the panchnama are forged and fabricated, therefore the witnesses of the panchnama are not truthful, these are all matters to be looked into at the time of trial and this is not the stage to analyze the testimony of the witnesses in depth as desired by the counsel for the petitioner, otherwise the same would prejudice the case of either of the parties. There are no grounds for bail - bail application dismissed.
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