ORDER :

1. This is second bail application of the accused-petitioner under Section 439 Cr.P.C. The first bail application was dismissed as withdrawn vide order dated 5.12.2020. The petitioner has been arrested in connection with FIR No. 258/2020, registered at Police Station Vijay Nagar, District Ajmer for the offences under Sections 8/15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the Act of 1985’).

2. The facts in brief are that on 27.8.2020, a car bearing no. DL-3C-BM-5773 was intercepted by a police party on receipt of an information from the Police Outpost 29 Miles, Police Station, Gulabpura, Bhilwara of its breaking the police barricade. The present petitioner was driving the Car. On search of the Car, 66.300 kgs of poppy straw was recovered from four plastic bags. During the investigation, the petitioner was arrested. After investigation, charge-sheet under Section 8/15 of the Act of 1985 has been filed against him.

3. Relying on the provisions of Section 52A (2)(c) of the Act of 1985 and the judgment of the Hon'ble Apex Court of India in the case of Union of India vs. Mohanlal and Another, (2016) 3 SCC 379, learned counsel for the petitioner submi