UDAIPAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present criminal misc. second bail application under Sec. 439 of Cr.P.C. has been preferred by the petitioner Udaipal @ Pala against the order dtd. 12/1/2022 passed by the learned Special Judge, NDPS Act Cases, Sriganganagar in relation to FIR No.222/2020 lodged at Police Station Lalgarh Jattan, District Sriganganagar for the offences under Sec. 8/15 and 29 of the NDPS Act.

(2.) The first bail application being SB Cr. Misc. Bail Application No.11735/2021 has been dismissed by the coordinate Bench of this Court vide order dtd. 24/9/2021 as not pressed.

(3.) Learned counsel for the petitioner submits that the agricultural field from where the contraband article was recovered does not belong to the petitioner. It is also submitted that there is non-compliance of Sec. 42 of the NDPS Act. Learned counsel for the petitioner further submits that the petitioner is behind the bars since three and half years and therefore, he may be enlarged on bail. In support of his contentions, learned counsel relied upon the following judgments of the Hon'ble Supreme Court and orders of this Court: