MADAN 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. 01/2018 of Police Station Gangrar, District Chittorgarh for the offences punishable under Ss. 8/15, 25, 29 of NDPS Act, 1985. He has preferred this bail application under Sec. 439 Cr.P.C.

(3.) Learned counsel for the petitioner has submitted that coaccused person Vijay Pal was granted bail by this Court on 3/4/2019 while taking into consideration the fact that from the statement of PW-2 Chaina Ram, the then S.H.O. Police Station Gangrar, District Chittorgarh, it is clear that Seizure Officer did not collect the separate samples from each bag and as such the procedure laid down under the law was not followed. It is argued that this Court after considering the above fact and relying on the decision of this Court rendered in Netaram v. State of Rajasthan, reported in 2014 (1) Cr.L.R. (Raj.) 163 has enlarged co-accused on bail and case of the petitioner is not distinguishable from him.