VINOD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present bail applications have been filed under'Section 439'Cr.P.C. on behalf of the petitioners, who are in judicial custody in connection with F.I.R. No. 325/2020, Police Station Sadar Nimbahera (wrongly mentioned as Nimbahera in the impugned order), District Chittorgarh, registered for the offences punishable under'Sections 8/15,'25'and'29'of the N.D.P.S. Act.

(2.) Learned counsel for the petitioners appearing through video conferencing stated that in the present case, the seizure proceedings were held on 11.10.2020 (vide page number 16 of the charge-sheet); that the samples were sent to FSL on 28.10.2020 (vide page number 97 of the charge-sheet); that the samples were received at FSL on 29.10.2020 (vide page number 96 of the charge-sheet) which is clear-cut violation of the standing instructions issued by the Narcotics Control Bureau; that as per that instructions, samples should be sent to the FSL within 72 hours of the seizure proceedings. Learned counsel further stated that in similar situations, benefit of bail has been granted to Dinesh @ Rinku S/o Delveer Singh (Bail Application No. 3342/2020, decided on 07.09.2020).

(3.) Per contra, learned Public Prosecutor has fervently and vehemently opposed the bail applications of the accused- petitioners but not in a position to controvert the above mentioned arguments advanced on behalf of the learned appearing for the accused-petitioners. He further stated that the recovered quantity of the contraband in the present case is below commercial quantity.