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2023 Supreme(Raj) 885

VIJAY BISHNOI
Umesh Vyas – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Ganesh Lal Vyas, Advocate, Madhu, Advocate, S.K. Bhati, Advocate

JUDGMENT

Vijay Bishnoi, J. - It is unfortunate that Advocates are not appearing and are abstaining from work pursuant to the call given by the office bearers of the Bar Association. Such non-appearance is clearly illegal and in breach of the order passed by the Hon’ble Supreme Court in the case of Ex. Capt. Harish Uppal Vs. Union of India & Anr., reported in [2003 (2) SCC 45].

2. Heard petitioner’s father as well as learned Public Prosecutor and also perused the material on record.

3. The petitioner has been arrested in FIR No.15/2019 of Police Station Charbhuja, District Rajsamand for the offences punishable under Section 8/15 of the NDPS Act. He has preferred this bail application under Section 439 Cr.P.C.

4. As per the prosecution story, narcotic contraband poppy straw weighing around 97.660 Kgs have been recovered from the custody of the petitioner. The said narcotic contraband recovered at the instance of the petitioner is above commercial quantity.

5. Mr. Ganesh Lal Vyas, petitioner’s father, present in person, has argued that the petitioner is in custody since 19.01.2019 and out of 22 prosecution witness, only 8 prosecution witness have been examined before the trial court. It is

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