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2023 Supreme(Raj) 1486

ANIL KUMAR UPMAN
Ramprasad Godara – Appellant
Versus
State of Rajasthan – Respondent


Advocates appeared:
Mr. Shyam Bihari Gautam, Advocate, for the Appellant; Mr. Sanjeev Mahala, PP, for the Respondent.

ORDER

Anil Kumar Upman, J. - This Second bail application has been filed under Section 439 Cr.P.C. on behalf of the accused-petitioner who has been arrested in connection with FIR No.34/2023 registered at Police Station Roopangarh, District Ajmer for offences under Sections 8/15 & 8/20 of the NDPS Act.

2. The first bail application (No.9089/2023) was dismissed as withdrawn by this Court vide order dated 28.07.2023 with liberty to file fresh bail application after recording statements of the Seizure Officer and Investigation Officer within a period of three months. Learned counsel for the petitioner submits that the statement of the seizure officer Ayub Khan, the then SHO PS Roopangarh has been recorded at trial and three months have already been lapsed since dismissal of the first bail application and hence, this second application for bail has been filed.

3. It is contended by learned counsel for the petitioner that the accused petitioner has falsely been implicated in this case. He contends that the work of drawing sample was not done in accordance with the provisions of sub-section 2 of Section 52A of the NDPS Act. He argues that the process of drawing of samples has to be in the p

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