Rajendra Prasad Arya vs State Of Rajasthan
2022 Latest Caselaw 5815 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
  S.B. Criminal Miscellaneous II Bail Application No. 15566/2021

Rajendra Prasad Arya S/o Amar Singh Arya, Aged About 50
Years, B/c Jat,     R/o       Dhani    Pannesinghpura, Police               Station
Ratanpura, District Churu. (At Present Lodged In District Jail,
Hanumangarh)
                                                                      ----Petitioner
                                   Versus
State Of Rajasthan, Through Pp
                                                                  ----Respondent


For Petitioner(s)         :    Mr. JS Khichi
For Respondent(s)         :    Mr.Mukesh Trivedi, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

21/04/2022

     In wake of instant surge in COVID-19 cases and spread of its

highly infectious Omicron variant, abundant caution is being

maintained, while hearing the matters in Court, for the safety of

all concerned.

     Learned counsel for the petitioner submits that there is a

complete failure on the part of the prosecution to comply with the

mandatory provision of Section 42 & 43 of NDPS Act. He further

submits that the whereabouts of the seizure officer as the exact

designation and present posting is not known.

     Learned     Public   Prosecutor          opposes           the   present    bail

application and relied upon the judgment rendered by Hon'ble

Apex Court in the matter of Union of India through Narcotics

Control Bureau, Lucknow Vs. Md.Nawaz Khan (Criminal

Appeal No.1043/2021) decided on 22.09.2021; & State of


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                                   Kerala Etc. Vs. Rajesh Etc. (Criminal Appeal Nos.154-

                                   157/2020) decided on 24.01.2020.

                                         Looking to the fact that the contraband recovered in this

                                   case is commercial quantity and the petitioner was caught red

                                   handed with the contraband, this Court is not inclined to

                                   discontinue the custody of the present petitioner.

                                         Consequently,      the     present        criminal      misc.   second    bail

                                   application is dismissed.

                                                                  (DR.PUSHPENDRA SINGH BHATI), J.

121-Sudheer/-

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