ASHOK KUMAR Vs. STATE OF RAJATHAN

JUDGEMENT

(1.) The present third bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with FIR No.27/2018, Police Station Purani Abadi, District Sri Ganganagar for the offence punishable under Section 8/21 of the NDPS Act.

(2.) Counsel for the petitioner submits that 54 bottles of Win Cerex Cough Syrup containing Wings Rx Codein Phosphate and Triprolidine Hydrochloride were recovered in the present case. He further submits that the contents of the bottles recovered from the petitioner are absolutely identical to the cough syrups under the title of Corex having the same chemical composition. He further submits that the Coordinate Bench of this Court in the case of Ravi Singh vs. State of Rajasthan (S.B. Criminal Misc. Bail No. 7109/2018), decided on 20/08/2018, has allowed the bail application wherein 200 bottles of cough syrup were recovered from the possession of the petitioner therein. Reliance has been placed on the judgment of Binod Kumar vs. State of Bihar, 2017(4) RCR (Criminal) 125. The said judgment reads as under :-

(3.) He further submits that the petitioner is behind the bars for last more than one year and the charges have been framed in the present case. The conclusion of trial will take sufficiently long time, therefore, it is prayed that the petitioner may be enlarged on bail.