GORI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The jurisdiction of this court has been invoked by way of filing an instant application under Sec. 439 CrPC at the instance of accused-petitioner. The requisite details of the matter are tabulated herein below: <IMG>JUDGEMENT_130_LAWS(RAJ)10_2023_1.jpg</IMG>

(2.) The second bail application of petitioner came to be dismissed by this Court vide order dtd. 16/3/2023 as the matter pertained to recovery of contraband above commercial quantity and there were no favourable circumstances in favour of the petitioner apparent at that time. Now, seizure officer has been examined, hence the present second bail application is filed.

(3.) The concise facts of the case as alleged in the FIR are that on 17/12/2021 at around 03:03 p.m., a Honda Amaze bearing registration No. RJ03 CB 4117, wherein four persons including the present petitioner were sitting, was stopped by Head constable Dharma Ram. Upon opening the gate of the car, smell of contraband opium was emanating from therein. On conducting a search of the car he found three plastic bags containing contraband opium weighing one Kg each.