GOPAL LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present third bail application has been filed under Sec. 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.33/2019, Police Station Jawda, District Chittorgarh for the offences under Ss. 8/15 and 8/25 of NDPS Act.

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

(3.) Learned counsel for the petitioner submits that after rejection of the second bail application by this Court on 12/1/2021, the statement of Seizure Officer as PW-1 has been recorded before the trial court. He further submits that the co-accused Radheshyam and Sanjay have been enlarged on bail by a coordinate bench of this court vide orders dtd. 1/4/2022 and 8/10/2020 respectively. He further submits that the petitioner was not found on the spot from where the recovery of contraband was made. He further submits that only Aadhar Card, Bank Passbook and R.C. of the vehicle were recovered from the vehicle in which the contraband was being transported. He further submits that the petitioner had already sold the car to Radheshyam well before the date on which it was found carrying the contraband, therefore, it is prayed that the petitioner may be enlarged on bail.