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2021 Supreme(Raj) 763

PUSHPENDRA SINGH BHATI
Kapil – Appellant
Versus
State Of Rajasthan – Respondent


Advocates appeared:
Mr. K.C. Bishnoi, Advocate, for the Petitioner; Mr. Mahipal Bishnoi PP, for the Respondent

JUDGMENT

1. In wake of second surge in the COVID-19 cases, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.

2. This criminal misc. petition under Section 482 Cr.P.C. has been preferred against the order dated 01.03.2021 passed by learned Special Judge, NDPS Cases Jodhpur in Criminal Misc. Case No.32/2021 (Sessions Case No.10/2021), whereby the application filed by the petitioner under Section 91 Cr.P.C. was rejected.

3. Learned counsel for the petitioner submits that on 19.04.2020, the Station House Officer, Police Station, Osiyan, on the basis of a confidential information, raided the dhani of the present petitioner and allegedly recovered seven plastic bags containing 142 kgs. 692 gms. of poppy straw. Learned counsel further submits that thereafter, an FIR bearing No.81/2020 was registered at Police Station, Osiyan, Jodhpur Rural and investigation was started.

4. Learned counsel for the petitioner also submits that the charge-sheet in this case has already been filed. Learned counsel also submits that the petitioner repeatedly moved application for certain call details and tower location to be taken on record from 19.04.2020 (

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