SUNIL SIYAG Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present second bail application has been filed under Sec. 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.224/2018, Police Station Sadar, District Pali, registered for the offence punishable under Sec. 8/15 of the NDPS Act and Sec. 472 and 473.

(2.) Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

(3.) Learned counsel for the petitioner stated that at the time of rejection of first bail application (No.5236/2020) vide order dtd. 6/8/2020, liberty was granted to petitioner to file a fresh bail application after recording the statement of Seizure Officer; thereafter, statement of Seizure Officer (PW.7) has been recorded before the learned trial Court and during the cross-examination, he has admitted that at the time of notice given under Sec. 50 of the NDPS Act which is available at page No.25 of the charge-sheet, third option was given by the him which is against the spirit of Sec. 50 of the NDPS Act and apart from third option, notice which was given under Sec. 50 of the NDPS Act by the Seizure Officer, in that notice, it was not mentioned that if Gazetted Officer/Magistrate is not satisfied with the proceedings conducted by a seizure officer, he may discharge the accused, therefore, it is violation of Sec. 50 of the NDPS Act and the provision of Sec. 50 of the NDPS Act was not complied with in strict manner; charge-sheet has been filed; and trial will take time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may also be granted to the petitioner.