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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Farjand Ali
Harzindra Singh S/o Ajayab Singh @ Ajib Singh – Appellant
Versus
State Of Rajasthan, Through PP – Respondent
ORDER :
Farjand Ali, J.
1. The jurisdiction of this court has been invoked by way of filing an application under Section 439 CrPC at the instance of accused-petitioner. The requisite details of the matter are tabulated herein below:
| S.No. | Particulars of the Case | |
| 1. | FIR Number | 285/2023 |
| 2. | Concerned Police Station | Nimbahera Sadar |
| 3. | District | Chittorgrah |
| 4. | Offences alleged in the FIR | Section 8/18 of the NDPS Act |
| 5. | Offences added, if any | Section 8/29 of the NDPS Act |
| 6. | Date of passing of impugned order | 12.05.2025 |
2. In nutshell, the facts of the case are that on 19.08.2023 Incharge of PS Nimbahera along with his team near Ahirpuri during nakabandi intercepted a Swift Car bearing registration No.PB30 X4183, which was driven by driver Bhagwat Singh alongwith his companion Harzinder Singh. During search, 8 plastic bags (weighing 8 Kg 240 gms) containing opium got recovered from the said vehicle whereafter, after following usual process, the petitioners were arrested and case under Section 8 /18 of the NDPS Act got registered.
3. It is contended on behalf of the accused-petitioner that no case for the alleged offences is made out against him and his incarceration is not warranted. There are no factors at pla
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