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PANKAJ BHANDARI
Hakim @ Pilla – Appellant
Versus
State of Rajasthan, Through PP – Respondent
ORDER
1. Petitioner has preferred this bail application under Section 439 of Cr.P.C. aggrieved by order of the Court below whereby bail application was rejected.
2. F.I.R. No.187/2019 was registered at Police Station Jhalrapatan, District Jhalawar, for offence under Section 8/27 of NDPS Act.
3. It is contended by counsel for the petitioner that no contraband was recovered, only traces of smack were available on the particles recovered and the same would fall under small quantity. It is a bailable offence, petitioner should have been enlarged on bail by the police itself rather Special Judge NDPS Cases, Jhalawar has rejected his bail application. It is also contended that in the criminal antecedents pointed out against the petitioner, he was acquitted by the Court.
4. Counsel for the petitioner has placed reliance on Abdul Aziz vs. State of U.P., 2002 CRI. L.J.2913 and Minnie Khadim Ali Kuhn vs. State NCT of Delhi & Ors., Writ Petition (Criminal) No.338/2012 decided by Division Bench of Delhi High Court on 08.05.2012.
5. I have perused the impugned order.
6. Section 37 of the NDPS Act reads as under:-
(1). Notwithstanding anything contained in t
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