Order

30/01/2024

1. These bail applications have been filed under Section 439 Cr.P.C. on behalf of the accused-petitioners who are in custody since 11.05.2022 in connection with FIR No.147/2022, Police Station Singhana, District Jhunjhunu for offences under Sections 8/20 and 8/25 of the NDPS Act. After investigation, the police has filed chargesheet before the learned court below.

2. The first bail applications preferred by both the petitioners were dismissed as withdrawn by this Court with liberty to renew the prayer for bail after recording statement of the Seizure Officer and after recording statement of the seizure officer, both the petitioners have preferred these bail applications

3. It is contended by learned counsel for the petitioners that the accused petitioners have falsely been implicated in this case. They contend that petitioners have nothing to do with the alleged recovery of contraband opium. It is argued by them 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. They submit that the process of drawing of samples has to be in the presence and under the supervision of the Magistrate and the enti