HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No.
1678/2021
Robin [email protected] S/o Shri Harvansh, R/o Ward No. 5 Gali
No. 5 Adarsh Nagar Ajnala Ps Ajnala Dist. Amritsar Punjab (At
Present Confined In Central Jail Ajmer)
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Anil Kumar Upman with Mr. Rajveer Singh For Respondent(s) : Mr. Sher Singh Mahla, PP HON'BLE MR. JUSTICE PANKAJ BHANDARI Judgment / Order 04/03/2021
1. Petitioner has filed this bail application under Section 439 Cr.P.C.
2. F.I.R. No.298/2020 was registered at Police Station Chirawa, District Jhunjhunu for offence under Sections 8 & 15 of NDPS Act.
3. It is contended by counsel for the petitioner that seizure memo was prepared at 6:40 pm. In the seizure memo, it was mentioned that the seal has been destroyed, whereas memo for destruction of the seal was prepared at 8:20 pm. There is variance in the weight of the control sample. It is also contended that the Sub-inspector was not competent to conduct the search.
4. Learned Public Prosecutor has opposed the bail application. It is contended that the matter pertains to commercial quantity of (Downloaded on 11/03/2021 at 08:50:30 PM) (2 of 2) [CRLMB-1678/2021] contraband. At this stage, it cannot be held that petitioner is not guilty and that he will not repeat the offence while on bail.
5. I have considered the contentions.
6. Considering the contentions put forth by counsel for the State, I am not inclined to entertain bail application.
7. This bail application is, accordingly, dismissed.
8. However, petitioner would be free to move fresh bail application after recording of the statement of Seizure Officer.
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