MUKESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This application for bail under Sec. 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.400/2021 registered at Police Station Nimbahera Sadar, District Chittorgarh for the offence under Sec. 8/15 of the 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 submitted that as per prosecution, contraband (poppy husk/straw) weighing 95 kg. 500 gm. was recovered from the conscious possession of the present petitioner and co-accused Chandraveer on 15/10/2021. Learned counsel submitted that co-accused Chandveer and Akshay have already been enlarged on bail by a co-ordinate Bench of this Court vide order dtd. 15/9/2023, passed in S.B. Criminal Misc. 3rd Bail Application No.6952/2023 and S.B. Criminal Misc. 2nd Bail Application No. 5723/2023. Learned counsel submitted that from the perusal of the order passed by co-ordinate Bench of this Court in the case of Chandraveer (supra), it is evident, that co-ordinate Bench of this Court has found that the various provisions contained in Sec. 42 of the NDPS have not been complied with in the present case. Learned counsel submitted that noncompliance of the mandatory provisions of the NDPS Act has to be viewed seriously by the Courts.