BAGDA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is the second bail application under Sec. 439 Cr.P.C. The petitioner was arrested in connection with FIR No. 33/2018, Police Station Jhanwar, District Jodhpur for the offence under Sec. 8/15 of the NDPS Act.

(2.) The first bail application was dismissed as not pressed vide order dtd. 12/9/2018 with liberty to file fresh after filing of the challan. The challan of the case has already been presented.

(3.) Learned counsel for the petitioner submits that total 74 kgs. of poppy husk was recovered from four bags and according to the recovery memo, the Investigating Officer after taking samples of poppy husk from all the three bags, mixed the same and took a sample of 500 gm and sent the same for FSL. Learned counsel while praying for grant of bail 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 wherein the samples were also taken from all the bags and only two samples were sent for FSL and this Court granted bail to the accused. Learned counsel submits that the case of the present petitioner is also identical to that of the petitioners in reported cases and the petitioner is in custody since 15/5/2018. In these circumstances, the petitioner may be released on bail.