ORDER :

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