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2024 Supreme(Raj) 202

DINESH MEHTA
Budharam S/o. Shri Pemaram – Appellant
Versus
State of Rajasthan, Through PP – Respondent


Advocates Appeared:
For the Petitioner: Mr. Bhanwar Singh Rathore.
For the Respondent: Mr. Mukhtiyar Khan, PP, Mr. Ram Tumer C.I. Police Station Kotwali Nimbaheda.

ORDER :

1. This second application for bail has been preferred by the applicant under Section 439 of the Cr.P.C. in connection with FIR No.100/2023, registered at Police Station Nimbaheda, District Chittorgarh for the offences under Sections 8 and 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ‘NDPS Act’).

2. The first bail application being (S.B. Criminal Miscellaneous Bail Application No. 15616/2023) filed on behalf of the applicant was dismissed as withdrawn on 18.12.2023, with a liberty to file a fresh after charge-sheet is filed.

3. A charge-sheet has been filed against the applicant implicating him of the offences under Sections 8/15, 25 and 29 of the NDPS Act.

4. Mr. Bhanwar Singh, learned counsel for the applicant has raised two arguments in essence. Firstly, that one Ladu Ram has fraudulently got the signatures of present applicant on the documents and got the vehicle registered in applicant’s name and therefore, the applicant cannot be inculpated for the offences under Sections 8/25 of the NDPS Act, as he is not an owner of the vehicle in the eye of law.

5. Secondly, that the Investigating Officer has not collected any evidence in th

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