PYAARCHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has been arrested in connection with FIR No.18/2022 of Police Station CBN Neemuch, District Chittorgarh, for the offence punishable under Ss. 8/18, 15 of NDPS Act. He has preferred this second bail application under Sec. 439 Cr.P.C.

(2.) The first bail application was dismissed on 7/11/2023 as not pressed with liberty to file afresh after recording the statement of the Investigating Officer.

(3.) Learned counsel for the petitioner submits that now the statement of the Investigating Officer has been recorded before the trial court as PW-6. Counsel submits that the recovery of contraband was made from the petitioner on 24/9/2022 at 5:50 AM, whereas according to the arrest memo, the petitioner was arrested at 7:00 PM. Counsel further submits that the petitioner was a valid licence holder of the said substance, which was valid from 1/10/2021 to 30/9/2022 and the recovery in this case was made on 24/9/2022. Thus, at the time of recovery, the petitioner was a valid licence holder. It is further submitted that the recovery was made at Kapasan, but the recovery memo and other documents were prepared at Neemuch, which is about 90 Kms away from Kapasan. The accused-petitioner is in custody since 24/9/2022 and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.