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2022 Supreme(Raj) 3043

MANOJ KUMAR GARG
Narendra Rahar – Appellant
Versus
State, Through PP – Respondent


Advocates Appeared:
Mr. Rakesh Matoria, for the Appellant; Mr. S.K. Mehar, PP Dr. Jaya Rathore, Senior Scientific Officer (Chemical), Regional Forensic Science Laboratory, Jodhpur., for the Respondent

ORDER

1. The petitioner has been arrested in connection with FIR No.164/2021 of Police Station Sangaria, Distt. Hanumangarh for the offence punishable under Sections 8/22, 25 and 25 of NDPS Act. He has preferred this bail application under Section 439 Cr.P.C.

2. Counsel for the petitioner submits that now the FSL report has been received in which it has clearly mentioned that the sample tablets packed in the packet marked ’A’ gave positive tests for the presence of Chlorpheniramine, Dicyclomine and Diclofenac and presence of Tramadol could not be detected in the sample of tablets packed in the packet. The weight of ten tablets is 7.76 gram. It is further submitted by the counsel that in the note of the FSL report, it is also mentioned that Chlorpheniramine, Dicyclomine and Diclofenac are not listed under the NDPS Act. Challan of the case has already been presented. The accusedpetitioner is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.

3. Learned Public Prosecutor has opposed the bail application.

4. Having regard to the totality of the facts and circumstances of t

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