JUDGMENT

1. The present second bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner, who is in custody in connection with F.I.R. No. 493/2021 registered at Police Station Rawatsar, District Hanumangarh for the offences under Sections 8/15 & 25 of the N.D.P.S. Act.

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

3. Learned counsel for the petitioner submits that at the time of dismissing first bail application of the petitioner by this Court vide Order dated 25.01.2022, liberty was granted to the petitioner to file fresh bail application after recording the statements of the Seizing Officer and Investigation Officer. Afterwards, prosecution has got recorded statements of total three witnesses before the trial court including Seizing Officer as P.W. 2 Harbansh Lal and Investigation Officer as P.W. 3 Indra Kumar. He further submits that a perusal of the statements of P.W. 2 & P.W. 3 shows that prosecution has failed to relate recovered articles to be in the possession of the present petitioner. The present petitioner was not found on the spot at the time of recovery. The recovery was