Order

1. This application for bail has been filed by the applicant under section 439 of the Cr.P.C. in connection with FIR No.115/2022, registered at Police Station Panchodi, District Nagaur for the offence under Sections 8/21 and 8/29 of the NDPS Act and Section 411, 420, 467, 471 and 120-B of the IPC.

2. The first bail application (S.B. Criminal Misc. Bail Application No.6144/2023) has been dismissed with liberty to file afresh, once statement of Seizure Officer and the Investigating Officer were recorded. Now, the charge- sheet has been filed.

3. Mr. Bishnoi, learned counsel for the applicant invited Court’s attention towards the statement of the Seizure Officer (PW-1) – Dilip and highlighted that he has clearly accepted the fact that intimation as required under sub-section (2) of section 42 of the NDPS Act was not sent by him to his immediate official superior.

4. Learned counsel further submitted that clear violation of section 52-A of the NDPS Act is also evident from this statement as the sample was not drawn in the presence of the judicial magistrate.

5. Learned Public Prosecutor vehemently opposed the bail application and submitted that since the lead/information that the appl