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2022 Supreme(Raj) 68

VINIT KUMAR MATHUR
Rajpal Singh, S/o. Jalam Singh – Appellant
Versus
Union of India, Through Ncb – Respondent


Advocates Appeared:
For the Appellant : Lokesh Mathur, R.K. Charan, Brijesh Pareek, Shambhoo Singh Rathore and Kailash Khilery.
For the Respondents: M.R. Pareek, PP.

ORDER :

Vinit Kumar Mathur, J.

S.B. Criminal Misc. Bail Application No. 2141/2022

S.B. Criminal Misc. Bail Application No. 10111/2021

S.B. Criminal Misc. Bail Application No. 15155/2021

S.B. Criminal Misc. Bail Application No. 15157/2021

1. All the above mentioned bail applications shall stand decided by this common order as they arise out of the same FIR.

2. The present bail applications have been filed under Section 439 Cr.P.C. on behalf of the petitioners who are in custody in connection with F.I.R. No. VIII(io)02/NCB/JZU/2021, Police Station NCB, Jodhpur for the offence under Sections 8/18, 25 & 29 of NDPS Act.

3. Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material available on record.

4. Learned counsel for the petitioners submit that the contraband has not been recovered from the possession of the present petitioners. They submit that the only evidence against the present petitioners is the confessional statement of co-accused Prem Singh as well as their own statements.

5. Learned counsel further submit that in view of the judgment of the Hon'ble Supreme Court in the case of Tofan Singh v. State of Tamil Nadu reported in (2021) 4

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