JUDGMENT

Gurpal Singh Ahluwalia, J. - This first application filed under Section 439 of Cr.P.C. for grant of bail.

2. The applicant has been arrested on 03.12.2022 in connection with Crime No.142/2021 registered by Police Station Kumbhraj, District Guna for offence punishable under Sections 8/21, 29 of NDPS Act.

3. It is submitted by counsel for applicant that according to the prosecution case, two persons were going on a motor cycle. They were apprehended and 60 grams of smack was found from the possession of one of those two co-accused persons who had alleged that they have purchased the smack from the applicant. Nothing incriminating has been seized from the possession of applicant. It is submitted that in the light of judgment passed by the Supreme Court in the case of Tofan Singh Vs. State of Tamil Nadu decided on 29.10.2020 in Criminal Appeal No.152/2013, the statement made by a co-accused under Section 67 of NDPS Act is not admissible. There is no admissible evidence against the applicant. The trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with prosecution case.

4. Per contra, the application is vehemently opposed by cou