KISTURA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Through instant petition, accused has come before this Court for grant of bail under Sec. 439 of the Cr.P.C. in connection with crime registered pursuant to First Information Report Number 12/2023 of Police Station Hanumangarh Junction, District Hanumangarh in respect of offences punishable under Ss. 8/29, 25 and 15 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter to be referred as 'the NDPS Act').

(2.) Heard the arguments advanced by learned counsel for the applicants, learned public prosecutor and carefully perused the entire material available in case diary.

(3.) Mr. Bharat Gurjar and Mr. Jai Kishan Haniya, learned counsel for the applicant submits that the petitioner is in custody since long; that only 60.00 Kgs. of Poppy-husk/straw was allegedly recovered from the Swift Car (No. D.L.5-C.F.-2805) of the petitioner which is marginally above of commercial quantity; that mandatory requirements enumerated under the N.D.P.S. Act has not been duly complied with during the course of alleged search and seizure; that the manner under which the alleged seizure was made, is completely contrary to the law, result thereof would be that ultimately the petitioner could not be held guilty on the basis of alleged circumstances and material available on record. Hence, the embargo contained under Sec. 37 of the NDPS Act would not be attracted in the present case looking to the manner under which alleged seizure was effected; and that the co-accused Kishna Ram S/o Sima Ram has already been enlarged on bail by this Court vide order dtd. 20/6/2023 (Bail Application No. 7695/2023). He thus, urges that the petitioner may be released on bail.