LAWS(RAJ)-2019-1-340

RAMESH CHANDRA Vs. STATE OF RAJASTHAN

Decided On January 17, 2019
RAMESH CHANDRA Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

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

(2.) This third bail application under Sec. 439 CrPC has been preferred on behalf of petitioner Ramesh Chandra, who is in custody in connection with FIR No. 272/2016 registered at Police Station Bilara, District Jodhpur.

(3.) The petitioner is in custody since 22/7/2016. While rejecting the second bail application submitted on behalf of the petitioner, the trial court was directed to expedite the trial. As per Mr. Bishnoi, not even a single witness has been examined after rejection of the earlier bail application filed on behalf of the accused petitioner. As per the Investigating Officer's factual report available on record, no other case for the offence under the NDPS Act has been registered against the petitioner till date. Mr. Bishnoi contended that the petitioner has available to him strong grounds to challenge the recovery proceedings because the sampling procedure adopted by the Investigating Officer is faulty and contrary to the mandatory procedure. He, thus, urges that the petitioner deserves to be released on bail.