AALAM KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant second application for bail has been filed by the petitioner Aalam Khan S/o Shri Ajgar Khan under Sec. 439 Cr.P.C against the order impugned passed by learned court below in connection with FIR No.361/2021 registered at Police Station Nai Mandi, District Hindon for the offence(s) under Ss. 8/21 and 8/29 of the NDPS Act.

(2.) It is the story of prosecution that upon interception of a motorcycle, four persons were searched by the police team, namely (1) Trilok Sharma, (2) the petitioner Aalam Khan, (2) Aman Khan and (4) Tajuddin. It is alleged that contraband smack was found upon their personal search i.e., from their pocket of pant. The co-accused Trilok Sharma, Aman Khan and Tajuddin have been released on bail since the alleged recovered contraband from their possession was below the demarcated commercial quantity. As per the allegations, total 255 grams smack was seized upon the search of pocket of his pant. Since it was a personal search, therefore, a notice under Sec. 50 of the NDPS Act was required to be given as the same has been made mandatory provisions through plethora of judicial pronouncements, more particularly in the case of Vijaysinh Chandubha Jadeja v. State of Gujarat reported in (2011) 1 SCC 609.

(3.) Per contra, learned Public Prosecutor vehemently and fervently opposed the bail application.