PAWAN KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present second bail application under Sec. 439 of the Code of Criminal Procedure has been filed by the applicant, who is in custody in connection with the FIR No. 381/2022 registered at Police Station Goluwala, District Hanumangarh for the offences punishable under Ss. 8/15, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as Rs.the NDPS Act).

(2.) The first bail application (S.B. Criminal Misc. Bail Application No. 2441/ 2023) of the present applicant has been dismissed on 20/2/2024, with the liberty to file afresh after recording of the statement of the seizure officer. Learned Counsel submitted that now, the statement of seizure officer has been recorded.

(3.) Mr. Godara, learned Counsel for the applicant argued that the non- compliance of the mandatory provision of Sec. 52A of the NDPS Act is writ large and, therefore, the applicant is entitled to be enlarged on bail.