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2023 Supreme(Raj) 1242

PUSHPENDRA SINGH BHATI
Sanjay Kumar S/o Parmanand Kumahar – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: B. Ray Bishnoi.
For the Respondent: Arun Kumar.

JUDGMENT :

PUSHPENDRA SINGH BHATI, J.

1. This criminal misc. fourth bail application under Section 439 Cr.P.C. has been preferred claiming the following relief:

    “It is, therefore, most respectfully and humbly prayed that this bail application may kindly be allowed and the petitioner may kindly be ordered to be release on bail.”

2. The petitioner has been arrested in connection with FIR No. 143/2020 registered at Police Station Sadar Nimbahera, District Chittorgarh for the offence under Section 8/15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short ‘NDPS Act’).

3. Brief facts of the case, as placed before this Court by learned counsel for the petitioner, are that on 26.06.2020, while there was a blockage on the border of Ahirpura, by one Phulchand Tailor, Station House Officer (SHO), a vehicle (car) bearing Registration No. DL-8C-AAM-8762 was coming from Nimach; when the said vehicle was stopped, three persons, namely, Sanjay Kumar, Suman and Sonu, were found sitting therein; thereafter, the vehicle was searched, during course whereof, a contraband Doda Post (poppy straw) weighing 70 kgs 100 gram was recovered; whereafter the aforementioned FIR was registered and the

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