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2022 Supreme(Raj) 1764

ARUN BHANSALI
Bhanwarlal – Appellant
Versus
State Of Rajasthan – Respondent


Advocates appeared:
S.R. Godara, Advocate, Laxman Solanki, Advocate

JUDGMENT

arun Bhansali, J. - The present 3rd bail application has been filed under Section 439 Cr.P.C. on behalf of the applicant, who is in custody in connection with FIR No.54/2020, P.S. Rajiyasar, District Sri Ganganagar, for the offences under Sections 8/22 and 29 of NDPS act.

2. It is submitted by learned counsel for the petitioner that the second bail application was rejected by the Court after the statements of Investigating Officer were recorded. Since then, the statements of PW/2 - Laxman Ram and PW/3 - Seizure Officer have also been recorded.

3. Submissions have been made that the petitioner has been implicated based on statements of co-accused - Baig Raj and Updesh recorded under Section 67 of the NDPS act, which are not admissible in evidence.

4. Submissions have also been made that in the statements of the three witnesses examined so far, the petitioner has not been connected in any manner with the alleged office.

5. Reliance has been placed on Tofan Singh v. Tamil Nadu: (2021) 4 SCC 1 and State by (NCB) Bengaluru v. Palluabid ahmad arimutta & anr.: Special Leave to appeal (CRL.) No.242/2022, decided on 10.1.2022.

6. It is submitted that there are no antecedent cases against

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