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2021 Supreme(Raj) 365

DEVENDRA KACHHAWAHA
Bhawani Singh – Appellant
Versus
State Of Rajasthan – Respondent


Advocates appeared:
B. Ray Bishnoi, Advocate, Laxman Solanki, Advocate

JUDGMENT

Devendra Kachhawaha, J. - The present second bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.17/2020, Police Station Chaku, District Jodhpur, registered for the offences under Sections 8/22 and 8/29 of the NDPS Act.

2. Heard learned counsel for the petitioner as well as learned Public Prosecutor. Perused the material available on record.

3. Learned counsel for the petitioner while submitting one certificate stated that co-accused Narpat Singh is the owner of Bhawani Medical and General Store and he certified that the petitioner Bhawani Singh is his servant at his medical store Bhawani Medical and General Store, Matora, Jodhpur and the drugs have been recovered from the petitioner but the same are not illegal drugs; the bills are available on record; and trial will take time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the petitioner.

4. Per contra learned Public Prosecutor has vehemently and fervently opposed the bail application and stated that at the time of seizure no such certificate was submitted as produced by the

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