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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE FARJAND ALI, J
GOGA RAM – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order
07/02/2024
1. The jurisdiction of this court has been invoked by way of filing an instant applications under Section 439 CrPC at the instance of accused-petitioners. The requisite details of the matter are tabulated herein below:
| S.No . | Particulars of the Case |
| 1. | FIR Number No.318/2021 |
| 2. | Concerned Police Station Dhorimana |
| 3. | District | Barmer |
| 4. | Offences alleged in the FIR | Sections 8/21, 29 and 30 of NDPS Act |
| 5. | Offences added, if any | -- |
| 6. | Date of passing of impugned order (SBCRLMB-16312/2023) | 29.11.2023 |
| 7. | Date of passing of impugned order (SBCRLMB-1378/2023) | 20.01.2023 |
2. The bail applications of petitioners came to be dismissed as withdrawn by this Court vide order dated 19.12.2022 with liberty to file afresh after cross-examination of witness Harchand (PW-1) is recorded in trial. Now, Harchand Ram (PW-1) has been examined, hence the present second bail applications are filed.
3. It is contended on behalf of the accused-petitioners that no case for the alleged offences is made out against them and their incarceration is not warranted. There are several flaws and laches in the case of the prosecution. He submits that the contraband was recovered on 27.09.2021 and the samples were taken on that same
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