KANA RAM 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.288/2021 registered at Police Station Gulabpura, Dist. Bhilwara, for the offences under Ss. 8/15 and 8/25 of the NDPS Act.

(2.) The first bail application of the petitioner being SBCRLMB No.15345/2023 was dismissed as not pressed by this Court vide order dtd. 13/12/2023.

(3.) Briefly stated the facts of the case are that on 28/9/2021,Shri Satish Meena, SHO, Police Station Gulabpura submitted a Parcha Bayan alleging inter alia that on 28/9/2021 at about 8:29 a.m. during nakabandi, he along with his team stopped a Creta Car being registration No. RJ23-CC7077. The said car was being driven by petitioner Suresh, and the another person sitting by the driver side stated his name to be Kana Ram. The car was searched and total 08 bags were taken out from it, suspecting the same to be poppy husk. The total weight of the six plastic bags was 145.100 Kg. out of which, samples were taken from the seized contraband for sending the same to the FSL for its examination. The accused was taken into custody. After usual investigation, a case under Sec. 8/15 of the NDPS Act has been registered. Hence, the bail application.