JUDGMENT :

GANESH RAM MEENA, J.

1. This bail application has been filed by the accused petitioner under section 439 CrPC in connection with FIR No. 0519/2023 registered at Police Station Vishwakarma, District Jaipur (West) for the offence punishable under Section 8/21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the Act of 1985’).

2. The FIR No. 0519/2023 was registered on 11.10.2023 with the facts that the police personnel received an information from a special informer that there is a person in Flat No. 208 on the second floor of the building- Gokulam who is likely to have the illegal drugs. After complying with the provisions of section 42(2) of the Act of 1985 and considering the fact that in seeking warrant some time may take place, whereas immediate action is necessary, the SHO, Police Station Vishwakarma, Jaipur along-with other Constables having necessary equipment including electronic weighing scale left for the building-Gokulam. When nobody agreed to be the independent witness of search and seizure, two police personnel were made the witnesses and their consent was sought. On entering in Flat No. 208 on the second floor, a person was found sitting