MOHAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard Mr. Ishwar Singh Sisodiya, son of the petitioner present in person, learned Public Prosecutor and perused the record.

(2.) The petitioner has been arrested in FIR No. 177/2017 of Police Station Arnod, Distt. Pratapgarh for the offences punishable under Ss. 8/18 and 29 of the NDPS Act. He has preferred this third bail application under Sec. 439 Cr.P.C.

(3.) Mr. Ishwar Singh Sisodiya, son of the petitoner has argued that co-accused person namely Dilip has already been enlarged on bail by this Court while taking into consideration the fact that the I.O. as well as the Seizure Officer have not properly collected samples from the seized narcotic contraband and as per the decision of this Court rendered in the case of Netram v. State of Rajasthan, reported in 2014 (1) Cr.L.R. (Raj.) 163, it is for the I.O. to prove guilt of the accused persons of possessing/transporting/supplying of narcotic contraband above commercial quantity. It is further argued by son of the petitioner that case of the petitioner is not distinguishable from that of co-accused, who has already been enlarged on bail.