MOHAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is second bail application filed by the petitioner, who has been arrested in connection with FIR No. 236/2018 of Police Station Nimbahera Kotwali, District Chittorgarh for the offence punishable under Sec. 8/15 and 29 NDPS Act. The first bail application was dismissed on 12/9/2018 and liberty was granted to file fresh bail application after filing of the challan.

(2.) Counsel for the petitioner submits that after rejection of the first bail application, challan of the case has been presented. Counsel further submits that the statement of the Investigating Officer Hanuwant Singh Bhati has been recorded by the trial court as PW-3, who after taking samples of poppy husk from each of the bags, mixed the same and took two samples of 500 gm each and sent the same for FSL. Counsel has placed reliance upon the judgments rendered in the cases of Netram v. State of Rajasthan reported in 2014 (2) WLN 394 (Raj.) and Nagu Singh v. State of Rajasthan reported in 2016(3) WLN 310 (Raj.) and upon the orders of this Court in SB Cr. Misc. Bail Application No. 1603/2018, Ram Lal v. State decided on 27/2/2018 and SB Cr. Misc. Bail Application No. 4299/2018, Bheru Lal v. State decided on 30/7/2018, in the said cases also the samples were taken from all the bags and only two samples were sent for FSL and this Court granted bail to the accused. Counsel submits that the case of the present petitioner is also identical to that of the reported case and the petitioner is in custody since his arrest. In these circumstances, the second bail application may be allowed and the petitioner may be released on bail.

(3.) Learned Public Prosecutor has vehemently opposed the bail application.