RAJMAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant bail application has been filed by the petitioner Rajmal @ Raju Banjara S/o Bherulal Banjara under Sec. 439 Cr.P.C. against the order impugned dated passed by learned court below in connection with FIR No.200/2021 registered at Police Station Kareda, District Bhilwara for the offences under Ss. 8/15 of NDPS Act.

(2.) Learned counsel for the petitioner submits that a false case has been foisted against the petitioner. He has nothing to do with the alleged offences and no useful purpose would be served by keeping him behind the bars. There are several flaws and laches in the case of the prosecution. He submits that the seizing officer had been informed by the CID CB officers about the presence of narcotic substance in the seized vehicle bearing registration No. RJ30 GA 6260 before he left to conduct search and seizure, yet the seizing officer did not relay the above-mentioned information to the senior officers before proceeding further which is mandatory under Sec. 42 of NDPS Act and thus, the entire process of recovery stands vitiated on this count because of noncompliance of Sec. 42 of NDPS Act, therefore, the fetter contained under Sec. 37 of the NDPS Act does not come in way of releasing the petitioner on bail.

(3.) Per contra, learned Public Prosecutor vehemently opposes the prayer made by learned counsel for the petitioner and submits that the matter pertains to recovery of 240 kilograms of poppy husk, thus, the impediment contained under Sec. 37 of NDPS Act will be attracted in the factual situation of the present case.