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2025 Supreme(RAJ) 1003

HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
UDAYPAL – Appellant
Versus
STATE OF RAJASTHAN – Respondent


Advocates:
Mr. Ram Chandra Bishnoi, Mr. Shrawan Singh Rathore, PP

Order :

1. This second application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.188/2022 registered at Police Station Ghamoodwali, Dist. Sti Ganganagar, for the offences under Sections 8/22 of NDPS Act.

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

3. Having gone through the case file, this Court prima facie finds that as per the prosecution, on 28.10.2022, psychotropic substance (1000 tablets Cypremal-100SR containing tramadol) weighing 413 Gms. was recovered from the conscious possession of the present petitioner.

4. This Court is conscious of the judgment rendered by Hon’ble Apex Court in Narcotics Control Bureau Vs. Mohit Agarwal reported in 2022 SCC OnLine SC 89 wherein it was held that the length of incarceration is by itself not a consideration and that can be treated as a persuasive ground for granting relief under Section 37 of the NDPS Act.

5. In the opinion of this Court, if an accused is involved in criminal cases of serious nature, the Court should not be in a position to record a satisfaction in favour of the accused that there

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