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2022 Supreme(Raj) 1326

DEVENDRA KACHHAWAHA
Bhupendra – Appellant
Versus
State Of Rajasthan – Respondent


Advocates appeared:
Himmat Jagga, Advocate, Arun Kumar, 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.21/2022, Police Station Bhirani, District Hanumangarh, registered for the offence punishable under Sections 8/21 and 29 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 - chitta (heroin) weighing 27 gms. have been recovered from the petitioner which is below commercial quantity; as per para 4 of the Rejection Order, no other case is registered against the petitioner; no investigation or recovery is pending against the petitioner; and trial will take time.

4. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the accused-petitioner.

5. Per contra, learned Public Prosecutor has opposed the bail application of the accused-petitioner.

6. Having regard to the facts and circumstances of the case, particularly looking to the facts that recovere

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