ORDER

1. The instant application for bail has been filed under Section 439 Cr.P.C. on behalf of the petitioner Ashok @ Mulla Ram, who is in custody in relation to F.I.R. No.206/2022, Police Station Merta City, District Nagaur, for the offence under Section 8/21 of the NDPS Act.

2. His first bail application came to be rejected by this Court vide order dated 19.12.2022 (S.B. Criminal Misc. Bail Application No.9224/2022) while giving liberty to the petitioner to renew his prayer after the statement of Investigating Officer is recorded in the trial and now, the statement of P.W. 1 Bhanwar Lal as well as the SHO P.W. 2 Rajveer Singh has been recorded by the learned trial Court on 19.04.2023 and 18.05.2023. Hence, the present bail application.

3. Learned counsel for the petitioner submits that the seizing officer, while undertaking proceedings for search and seizure, was not posted as S.H.O. of the concerned police station. He vehemently contended that sub-section (1) of Section 42 of NDPS Act enumerates the power of officers specified therein who are duly empowered by the Central Government or the State Government as the case may be and as per the law, a SubInspector is not empowered to e