BHAGIRATH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In pursuance of direction of this Court dated 01.04.2021, Mr. Bannalal, S.H.O., Police Station Dug, District Jhalawar is present before this Court. He submitted his affidavit dated 08.04.2021. As per the affidavit, on 16.02.2021, investigation in FIR No.104/2020 registered at Police Station Mishroli, District Jhalawar was pending against the petitioner under Section 173(8) Cr.P.C.; but, by the time the case diary was sent on 16.03.2021, investigation against the petitioner in the aforesaid FIR No.104/2020 was already closed and his name was deleted from the array of accused. The explanation is satisfactory.

(2.) The present bail applications have been filed under Section 439 Cr.P.C. The petitioners have been arrested in connection with FIR No.18/2021 registered at Police Station Pagariya, District Jhalawar for the offence under Section(s) 8/21 and 29 of NDPS Act and later on for the offence under Section(s) 8/21, 25 and 29 of NDPS Act.

(3.) Learned counsel for the petitioners contended that the contraband allegedly recovered from their possession is less than commercial quantity. He submitted that the petitioners are in custody since 06.02.2021, charge sheet has been filed, they have no criminal antecedents and prayed for their release on bail.