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2023 Supreme(Raj) 253

FARJAND ALI
Ganpat S/o Gopi Banjara – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Pankha Bai Banjara.
For the Respondent: Javed Gauri.

ORDER :

1. Lawyers are abstaining from appearing before the court. The instant bail application has been filed by the petitioner Ganpat S/o Gopi Banjara under Section 439 Cr.P.C against the order impugned passed by learned court below in connection with FIR No. 91/2019, registered at Police Station Parsoli, District Chittorgarh, for the offences under Sections 8/15 of NDPS Act.

2. Briefly stated, the facts of the instant case are that a car driven by the accused-petitioner; which was intercepted by the police at the time of ‘nakabandi’ on Highway Road, Bichhor on 11.07.2019 at about 12:30 P.M. Upon suspicion, the police officers searched the vehicle and during search, total seven bags of poppy husk were found in the car containing a total of 191 kilograms of Poppy husk which was seized by the police and the seizing officer took 500 grams of poppy husk from each bag for sampling respectively; all the samples of 500 grams each collected from separate bags were mixed together in a single bag and thereafter, two samples of 500 grams each were taken from the aforesaid admixture of 3.5 kilograms.

3. The wife of the petitioner is present in person before this court and she submits that a fal

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