Order

18/01/2024

The present second bail applications have been filed under Section 439 Cr.P.C. on behalf of the petitioners who have been arrested in connection with F.I.R. No.288/2021, registered at Police Station Pindwara, District Sirohi, for the offences punishable under Sections 8/15, 25 & 29 of the NDPS Act.

The first bail application of the petitioners was dismissed by a coordinate Bench of this Court vide order dated 26.07.2022. Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record.

Learned counsel for the petitioners submitted that as per prosecution, the police on 22.06.2021 at 08:15 P.M. having suspicion on the activities of the petitioners pursued and stopped them and thereafter took them to the Police Station Pindwara, where the search and seizure proceedings were conducted. Learned counsel submitted that as per the prosecution, contraband (poppy husk / straw) weighing 163 Kg 600 grams was recovered from the Tempo which was being driven by the petitioners.

Drawing attention of the Court towards the statements of Seizure Officer Shiv Narayan, Sub Inspector, Police Station Pindwara, District Sirohi recorded before t