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2021 Supreme(Raj) 1462

DEVENDRA KACHHAWAHA
Sunil Siyag – Appellant
Versus
State of Rajasthan – Respondent


Advocates appeared:
Kailash Khilery, Advocate, Mohd. Javed Gouri, Advocate

JUDGMENT

Devendra Kachhawaha, J. - The present second bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.224/2018, Police Station Sadar, District Pali, registered for the offence punishable under Section 8/15 of the NDPS Act and Section 472 and 473.

2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

3. Learned counsel for the petitioner stated that at the time of rejection of first bail application (No.5236/2020) vide order dated 06.08.2020, liberty was granted to petitioner to file a fresh bail application after recording the statement of Seizure Officer; thereafter, statement of Seizure Officer (PW.7) has been recorded before the learned trial Court and during the cross-examination, he has admitted that at the time of notice given under Section 50 of the NDPS Act which is available at page No.25 of the charge-sheet, third option was given by the him which is against the spirit of Section 50 of the NDPS Act and apart from third option, notice which was given under Section 50 of the NDPS Act by the Seizure Officer, in that notice

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