Judgment / Order

02/02/2021 The instant bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in custody in relation to F.I.R. No.210/2019, Police Station Dhariyavad, District Pratapgarh for offences under Sections 8/15, 8/25 & 8/29 of the NDPS Act.

Learned counsel Shri Bishnoi vehemently and fervently urges that the petitioner and the co-accused Dharamchand were travelling in the same car (No.RJ 27 CG 5141) from which the contraband poppy-straw was recovered. He urges that the application for bail filed on behalf of Dharamchand has been accepted by this Court and the case of the present petitioner is on the same footing. Shri Bishnoi further urges that the Investigating Officer did not ensure compliance of mandatory provision of Section 42 of the NDPS Act and hence, the search and seizure are vitiated and accordingly, the petitioner deserves indulgence of bail.

Per contra, learned Public Prosecutor points out that a total of 135.4 Kgs of poppy-straw which weighs well above the commercial quantity was concealed in the car being driven by the petitioner and Dharamchand was also present therein. He urges that a misstatement of fact was made before