ORDER :

1. This second application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.26/2022, registered at Police Station Gangrar, District Chittorgarh, for offence under Section 8/15 of the NDPS Act.

2. The first bail application of the petitioner was dismissed by this Court vide order dated 17.05.2023.

3. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

4. As per the prosecution, on 29.01.2022, upon receiving secret information, the compound attached with the house of Narayan Lal was searched by the police team. During search, a swift car and a tractor were found parked therein and co-accused Narayan Lal was found sitting on the driver seat of the tractor whereas the present petitioner was found on the mudguard of the tractor.

4. Learned counsel for the petitioner submitted that co-accused namely Narayan Lal has already been enlarged on bail by a coordinate Bench of this Court vide order dated 04.12.2023 in Criminal Misc. 2nd Bail Application No.9218/2023. The order dated 04.12.2023 passed by a coordinate Bench of this Court is reproduced hereinbelow:-

“1. Arrested in furtherance of FIR No. 26/2022, registered at Police Station Gangrar, District Chittorgarh, petitioner has filed this application under section 439 Cr.P.C. for releasing him on bail. The petitioner is charged for offences punishable under Section 8/15 of the NDPS Act.

2. The first application for bail was disposed of without considering the merits of the case since that was not pressed by the petitioner.

3. The facts in a nutshell are that on 29.01.2022 at about 12.30 P.M. in pursuance to a secret information, the compound attached with house of Narayanlal was searched by Ratan Singh, SHO, Gangrar, District Chittorgarh. A swift car and a tractor without registration number were found parked therein and petitioner Narayanlal was found sitting on the driver seat of the tractor and co-accused Rajulal on the mudguard of the tractor. After due formalities, total 348 Kg. of poppy straw were recovered from 23 plastic bags in the trolley of the tractor.

4. To begin at the beginning Shri Bhagirath Ray Bishnoi, learned counsel representing petitioner has fervently argued that there is non compliance of provisions of section 50 of the NDPS Act. Since notice under section 50 of the Act issued to the petitioner does not mention either any of option or about the right of the petitioner. It only mentions about the necessity. Seizure Officer has not complied with the mandatory requirements of section 50 of the NDPS Act as no option for search, containing rights of petitioner, was given to the petitioner. Search has been conducted without complying with the provisions of section 50 of the NDPS Act, which renders the seizure illegal. While inviting the attention of the Court towards notice under section 50 of the Act issued to the petitioner it is contended that no option at all was given to the petitioner as contemplated under section 50 of the Act.

6. It is further argued that the samples for chemical analysis from seized drug were taken in the absence of a Magistrate in derogation of provisions of Section 52 A of the NDPS Act and such irregularities malign the entire proceedings; that entire allegations so levelled by the Police against the petitioner is totally false and baseless; that there is no concrete evidence to show direct nexus between the petitioner and the alleged contraband drug, rather case of the prosecution is based on surmises and conjectures; that co-accused Parsu Ram S/o Magni Ram Suthar (Bail Application No. 12684/2023, decided on 19.10.2023) and Suresh S/o Late Ratan Lal Jat (Bail Application No.10687/2022, decided on 18.01.2023) has already been enlarged on bail and the petitioner too deserves the same indulgence. Therefore, considering the facts and circumstances the petitioner may be released on bail.

7. Learned counsel for the pet