PRITHAVIRAJ Vs. STATE

JUDGEMENT

(1.) The instant bail applications have been filed under Sec. 439 Cr.P.C. on behalf of the petitioners Prithaviraj S/o Shri Ruparam and Vajir Kharab S/o Sh. Bhalleram, who are in custody in relation to F.I.R. No.225/2021, Police Station Purani Abadi, District Sri Ganganagar for the offence under Ss. 8/22 and 29 of the NDPS Act. As both the bail applications are filed by the petitioners against the same FIR thus, they are being heard and decided by this common order.

(2.) Learned counsel for the petitioner Prithviraj submits that as per prosecution story, contraband goods were recovered from personal search of the petitioner. He further submits that if the process of personal search is adopted then, it is mandatory to follow the procedure as prescribed under Sec. 50 of the NDPS Act but in the instant case, the same has not been followed. He further submits that the petitioner is an innocent person and he has falsely been implicated in the present case due to personal vengeance. He further submits that seizure memo was not prepared in the presence of independent witnesses or in presence of Magistrate or Gazetted Officer. He further submits that petitioner is a young boy and not having any previous criminal antecedents. He further submits that in similar situation, the Coordinate Benches of this Court in the cases of Sahil Kumar @ Kaku Vs. State of Rajasthan (S.B. Criminal Misc. Bail Application No.3938/2021 decided on 19/9/2022) and in Virendra Kumar & Ors. vs. State of Rajasthan; Kanwar Pal Singh Vs. State Of Raj. And Vajir Kharab Vs. State of Rajasthan (S.B. Criminal Misc. 2nd Bail Applications No.8495/2022, 9030/2022 and 9031/2022 decided on 14/7/2022) have granted benefit of bail to the accused-persons.

(3.) Learned counsel further submits that the case at hand is squarely covered by the principles as laid down while deciding the aforesaid bail applications.