9

the applicant stated that he had procured Ganja

around 9 times during last one year from Krishna, the

supplier of Ganja. The said facts had also been

corroborated from the statements of other accused

Para No. 6.6:

Reply: The officers of Directorate of Revenue

Intelligence are empowered under Section 41, Section

42 of the NDPS Act, 1985. Further, the physical

search of the above mentioned persons were

conducted in the presence of Gazetted officers of DRI,

Nagpur as per Section 50 of the NDPS Act, 1985.

9. The CCTV footage and the Hotel Register is an

afterthought story created by the applicant after filing

of the chargesheet. It is pertinent to mention here that

the plea of the alibi is required to be proved in the trial

when the applicant will enter in the stage of defence

evidence and which will be scrutinized by the learned

trial court strictly as per the Indian Evidence Act and

therefore the afterthought of defence cannot be

 10

considered by the Hon’ble Court at this stage of bail,

when the trial is yet to commence.

10. The answering Respondent submits that in view

of the facts and circumstances stated supra and

further the trial in the instant case is yet to commence,

and if the applicant is released on bail, he may

abscond and he may commit similar type of offence.

There is also cogent possibility of influencing or

coercing of the witnesses by the applicant, since they

are the members of big drug syndicate. The offence is

non-bailable and punishable with imprisonment for a

term which shall not be less than ten years but which

may extend to twenty years and with find. That as per

Section 35 of NDPS Act, there is presumption of

culpable mental state against the accused. So also

there is presumption of commission of offence as per

Section 54 of NDPS Act, 1985. The said accused if

enlarged on bail might abscond and so also taking into

consideration the volume and quantum of seized

contraband there are reasons and circumstances to

 11

believe that the said accused is likely to commit

similar office while on bail.

It is therefore prayed that:

(a) The application for the bail of accused may

kindly be rejected.

(b) Any other just and equitable order may be

passed in the interest of justice.

Nagpur (Respondent)
Dated: March, 2021

(Counsel for Respondent)