KISHAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

(2.) The petitioner has been arrested in FIR No. 141/2017 of Police Station Bhadsoda, District Chittorgarh for the offences punishable under Ss. 8/15 and 8/29 of NDPS Act. He has preferred this bail application under Sec. 439 Cr.P.C.

(3.) Learned counsel for the petitioner has submitted that coaccused Ram Singh has been enlarged on bail by this Court taking into consideration the argument raised on behalf of co-accused Ram Singh that the Seizure Officer did not collecte the sample of seized narcotic contraband in accordance with law as per the law laid down by this Court in the case of Netram v. State of Rajasthan, reported in 2014 (1) Cr.L.R. (Raj.) 163, wherein this Court observed that there are certain discrepancies in collecting the sample of narcotic contraband by the Seizure Officer. It is submitted that in view of the fact that similarly situated coaccused Ram Singh has already been enlarged on bail, the petitioner is also entitled to be enlarged on bail.