Order

22/01/2024

1. This second bail application under Section 439 Cr.P.C. has been filed on behalf of the petitioner who is in custody since 09.02.2023 in connection with FIR No.42/2023 registered at Police Station Todaraisingh, District Tonk for offence under Section 8/15 of the NDPS Act. Later on, police filed charge-sheet for offences under Sections 8/15, 8/29 & 8/25 of NDPS Act and Sections 420, 467, 468 & 471 of IPC.

2. The first application for bail (No.7579/2023) was dismissed as withdrawn vide order dated 20.10.2023 with liberty to file fresh bail application after recording statement of seizure officer. Now, the statement of the seizure officer has been recorded and as such, this second application for bail under Section 439 Cr.P.C. has been filed.

3. Learned counsel submits 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 presence and under the supervision of the Magistrate and the entire exercise has to be certified by him to be correct. However, ther