NARPAT DAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This second 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.17/2023, registered at Police Station Jhab, District Jalore, for offence under Sec. 8/15 of NDPS Act.

(2.) The first bail application (S.B. Criminal Miscellaneous Bail Application No. 11699/2023) was dismissed by this Court vide order dtd. 19/9/2023 as not pressed with liberty to file a fresh bail application after the statements of the Seizure Officer and the Investigating Officer are recorded.

(3.) Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record. As per the prosecution, SHO P.S. Chittalwana, District Jalore upon information supplied by C.O. Sanchore, got conducted nakabandi near Siwada Chauki. During nakabandi, SHO Chittalwana flagged down one SUV vehicle bearing registration No.GJ-01-KQ-1346. On seeing the police personnel, driver of the vehicle made an attempt to flee away from the place along with the vehicle. The police personnel followed the vehicle, however, driver of the vehicle succeeded in escaping away and could not be nabbed. The present petitioner was sitting next to the driver's seat in the offending vehicle and was apprehended on the spot. A search was thereafter made of the offending vehicle and contraband (Poppy husk/straw) weighing 352 kgs. was recovered.