MAHENDAR KUMAR GOYAL
Ramchandra S/o Shri Heera Ram – Appellant
Versus
State of Rajasthan, Through PP – Respondent
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second bail application of the accused-petitioner under Section 439 Cr.P.C. The first bail application was dismissed as withdrawn vide order dated 5.12.2020.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 offence(s) 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 & Anr., (2016) 3 SCC 379, learned counsel for the petitioner submitted
Chief Information Commissioner & Anr. vs. State of Manipur & Anr.-(2011) 15 SCC 1
Delhi Administration (Now NCT of Delhi) vs. Manohar Lal-(2002) 7 SCC 222
Devender Pal Sinah v. State (NCT of Delhi) (2002) 5 SCC 234
Haryana Financial Corporation & Anr. vs. Jagdamba Oil Mills & Anr.-(2002) 3 SCC 496
Herrington v. British Railways Board (1972) 2 WLR 537
Karamiit Singh v. State (NCT of Delhi) (2003) 5 SCC 291
Krishna Kumar vs. Union of India & Ors. and other connected matters-(1990) 4 SCC 207
London Graving Dock Co. Ltd. v. Horton (1951 AC 737 at P. 761)
Mukesh Singh vs. State (Narcotic Branch of Delhi)-(2020) 10 SCC 120
Noor Aga vs. State of Punjab & Anr.-(2008) 16 SCC 417
Punjab National Bank vs. R.L. Vaid & Ors.-(2004) 7 SCC 698
State of Kerala & Ors. vs. Rajesh and Anr.- (2020) 12 SCC 122
State of Gujarat vs. Mirzapur Moti Kureshi Kassab Jamat & Ors.
Union of India vs. Mohanlal & Anr.-(2016) 3 SCC 379
Udai Singh Dagar & Ors. vs. Union of India & Ors.-(2007) 10 SCC 306
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