Robin [email protected] S/O Shri ... vs State Of Rajasthan
2021 Latest Caselaw 2116 Raj/2

          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

(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.

(PANKAJ BHANDARI),J

ARTI SHARMA /18

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