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2021 Supreme(Raj) 923

MAHENDAR KUMAR GOYAL
Kalu – Appellant
Versus
State Of Rajasthan – Respondent


Advocates appeared:
Mr. Anil Kumar Upman with Mr. Rajveer Singh, Advocate, for the Petitioner; Mr. F.R. Meena, PP, for the Respondent

JUDGMENT

The present bail applications have been filed under Section 439 Cr.P.C. The petitioners have been arrested in connection with FIR No. 04/2020 registered at Police Station Bhinai, District Ajmer for the offence under Section 8,15, 18 of NDPS Act (for brevity, "the Act of 1985").

2. Learned counsel for the petitioners, drawing attention of this Court towards the vehicle tracking record dated 04.01.2020 of the vehicle no. RJ01 UA 6979 and reply by the SHO Police Station Bhinai, District Ajmer dated 13.07.2021 furnished under the Right to Information Act, 2005 (for brevity - 'the Act of 2005') wherein it was stated that on 04.01.2020, Police Station Bhinai was having Government vehicle Bolero RJ01 UA 6979, submitted that the genesis of the prosecution story, as revealed from the FIR that the police party left the Police Station at about 12.20 PM on 04.01.2020 in Government vehicle, stands falsified inasmuch as the vehicle tracking record discloses crossing of the toll plaza in between Ajmer and Bhilwara at about 12.06 o'clock. He submitted that two different seizure memos have been prepared by the prosecution for seizing the same articles and the order in which the accused perso

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