MOHAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS second bail application under Section 439 Cr. P. C. has been filed on behalf of petitioner Mohan Lal, whose first bail application was rejected vide order dated 18. 8. 2004 with the liberty to file fresh bail application after the investigation was completed.

(2.) THE petitioner is alleged to have been found in possession of contraband opium weighing 1 Kgs. and 680 Gms. , which is more than the prescribed small quantity but less than the prescribed commercial quantity.

(3.) IN the instant case there being no material change in the facts and circumstances of the case after the rejection of earlier bail application of the petitioner, except filing of challan, there is no warrant or justification for taking a different view form the one already taken.