MANPHOOL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present bail application has been filed under Sec. 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with FIR No. 172/2023, Police Station - Bhopalgarh, District - Jodhpur Rural for the offence under Sec. 8/15 of NDPS Act.

(2.) Heard learned counsel for the parties. Perused the material available on record.

(3.) Learned counsel for the petitioner submitted that as per the prosecution story, 56.03 kilo gram of poppy straw was recovered from eight bags. It is further submitted that if the weight of bags is excluded from the total weight, there is all possibility that the total weight of the contraband is marginally excessive to the commercial quantity. However, in identical matters, the coordinate Bench of this Court has granted benefit of bail. Learned counsel has produced copy of the orders dtd. 8/5/2024, 11/6/2020, 9/1/2018, 16/12/2022, 19/5/2021, 27/2/2018, 21/6/2023, 14/12/2015 and 15/2/2018 passed in identical bail applications to buttress his arguments.