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2023 Supreme(Raj) 409

FARJAND ALI
Rajmal @ Raju Banjara, S/o. Bherulal Banjara – Appellant
Versus
State of Rajasthan, Through PP – Respondent


Advocates Appeared:
For the Petitioner: Mr. N.K. Gurjar.
For the Respondent: Mr. A.R. Choudhary, PP.

ORDER :

1. The instant bail application has been filed by the petitioner Rajmal @ Raju Banjara S/o. Bherulal Banjara under Section 439 Cr.P.C against the order impugned dated passed by learned court below in connection with FIR No.200/2021 registered at Police Station Kareda, District Bhilwara for the offences under Sections 8/15 of NDPS Act.

2. Learned counsel for the petitioner submits that a false case has been foisted against the petitioner. He has nothing to do with the alleged offences and no useful purpose would be served by keeping him behind the bars. There are several flaws and laches in the case of the prosecution. He submits that the seizing officer had been informed by the CID CB officers about the presence of narcotic substance in the seized vehicle bearing registration No. RJ30 GA 6260 before he left to conduct search and seizure, yet the seizing officer did not relay the above-mentioned information to the senior officers before proceeding further which is mandatory under Section 42 of NDPS Act and thus, the entire process of recovery stands vitiated on this count because of non-compliance of Section 42 of NDPS Act, therefore, the fetter contained under Section 37 of t

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