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2024 Supreme(Raj) 303

FARJAND ALI
Than Singh S/o Banka Ram – Appellant
Versus
Union Of India, Through Ncb – Respondent


Advocates Appeared:
For the Appellant :Mr. Anand Purohit Sr. Advocate assisted by Mr. Mayank Roy & Mr. Vikas Vishnoi
For the Respondent: Mr. M.R. Pareek, Spl. PP Mr. Khinya Ram IO NCB Jodhpur Mr. Shivnarayan IO NCB Jodhpur

JUDGMENT :

FARJAND ALI, J.

1. The jurisdiction of this court has been invoked by way of filing an instant fourth bail application under Section 439 CrPC at the instance of accused-petitioner. The requisite details of the matter are tabulated herein below:

S.No.

Particulars of the Case

 

1.

FIR Number

VIII(IO)12/NCB/JZU/ 2022

2.

Concerned Police Station

NCB, Jodhpur

3.

District

Jodhpur

4.

Offences alleged in the FIR

Sections 8/15, 25 & 29 of the NDPS Act

5.

Offences added, if any

-

6.

Date of passing of impugned order

21.05.2024

2. Briefly stated the facts of the case are that on 12.05.2022, Khiya Ram, Intelligence Officer, NCB, Jodhpur upon receiving a secret information, he along with his team proceeded towards house of Than Singh upon which, members of the family escaped. During search 5 bags weighing 100.566 Kg of poppy husk were recovered. The petitioner was apprehended on 14.05.2022 and since then he is in custody. A case under Section 8/15, 25 & 29 was registered against him.

3. It is contended on behalf of the accused-petitioner that no case for

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