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2022 Supreme(Raj) 1391

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


Advocates appeared:
Kuldeep Sharma, Advocate, Laxman Solanki, Advocate

JUDGMENT

Devendra Kachhawaha, J. - The present 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.23/2022, Police Station Hanumangarh Town, District Hanumangarh, registered for the offence punishable under Section 8/21 of the NDPS act.

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

3. Learned counsel for the petitioner stated that as per prosecution, alleged contraband - heroin, weighing 10 gms. have been recovered from the co-accused Mohammad Sarvar @ Jhalad who has been granted benefit of bail; recovered contraband is below commercial quantity; charge-sheet in regard to the petitioner has been filed; and trial will take time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the accused-petitioner.

4. Per contra, learned Public Prosecutor has opposed the bail application of the accused-petitioner and stated that two other case of NDPS act are registered and pending against the accused-petitioner.

5. Having regard to the facts and c

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