MANOHAR KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant second bail application has been filed by the petitioner under Sec. 439 Cr.P.C. for grant of bail in case arising out of the FIR No.199/2018 registered at Police Station Sayara, District Udaipur for the offences under Sec. 8/15 and 8/25 of Narcotic Drugs and Psychotropic Substances Act, 1985.

(2.) Learned counsel for the petitioner has submitted that the petitioner was not found on the spot. He has been involved in this case on the basis of some documents in the name of petitioner, which were found in the vehicle seized with narcotic substances. Petitioner was not in the possession of the vehicle at the time of incident. Since, the petitioner failed to repay the amount to registered owner of the vehicle, the registered owner had already taken vehicle from his possession. Police has filed challan against the petitioner without any evidence. Learned counsel for the petitioner has further submitted that the samples of the Poppy Straw from nine bags have not been drawn as per norms. It was required to be taken one sample from each bag. In the above circumstances, learned counsel for the petitioner has prayed to allow this bail application.

(3.) Learned Public Prosecutor has opposed the bail application.