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2022 Supreme(Raj) 2122

DEVENDRA KACHHAWAHA
Mukesh Kumar – Appellant
Versus
State Of Rajasthan – Respondent


Advocates appeared:
R.K. Charan, Advocate, for the Appellant
Arun Kumar, PP, for the Respondents

JUDGMENT

Devendra Kachhawaha, J. - The present third 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. 147/2018, Police Station Anadra, District Sirohi, registered for the offence punishable under Sections 8/15 & 29 of the NDPS Act and Sections 420, 467, 468 & 471 of the Indian Penal Code.

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 first bail application (No. 14884/2019) was dismissed as not pressed vide order dated 06.03.2020; thereafter, second bail application was (No. 7446/2020) was dismissed as not pressed with a liberty to file a fresh bail application after recording of the statement of the Investigating Officer; thereafter, statement of the Investigating Officer, Prabhu Lal has been recorded as PW. 5; as per prosecution, alleged contraband-poppy husk weighing 119 kgs. 300 gms. have been recovered in the present case on 20.10.2018; as per Seizure Memo at page No. 39 of the charge-sheet, contraband has been recovered from an aba

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