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2022 DIGILAW 1482 (RAJ)

Devkaran v. State Of Rajasthan

2022-05-09

VIJAY BISHNOI

body2022
JUDGMENT Vijay Bishnoi, J. - Heard the learned counsel for the petitioner as well as the learned Public Prosecutor and perused the material available on record. 2. The petitioner has been arrested in FIR No.227/2019 of Police Station Purani abadi, District Sri Ganganagar for the offence punishable under Section 8/22 NPDS act. He has preferred this second bail application under Section 439 Cr.P.C. 3. Learned counsel for the petitioner has submitted that as per the prosecution story, 1250 tablets containing narcotic substance Tramadol weighing 500 gms. have been recovered from the possession of the petitioner, however, out of 1250 only 10 tablets have been taken as samples and sent for FSL. It is also submitted that the police have not sent the total 1250 tablets for FSL and on this count alone the petitioner is entitled to be enlarged on bail. 4. Per contra, learned Public Prosecutor has opposed the bail application of the petitioner and submitted that since all the strips of 1250 tablets containing narcotic substance Tramadol weighing 500 gms. are similar in nature, only one strip has been collected for sample and, therefore, there is no illegality in the same. Hence, the petitioner is not entitled to be enlarged on bail. 5. Having regard to the totality of the facts and circumstances of the case and looking to the nature of accusation and gravity of the offence, without expressing any opinion on the merits of the case, I am of the opinion that the question raised by the petitioner regarding collection of samples cannot be looked at this stage and it is for the trial court to consider the same after taking into consideration the evidence adduced on behalf of the prosecution as well as defence, hence, I am not inclined to grant bail under Section 439 Cr.P.C. to the petitioner. 6. accordingly, this criminal misc. second bail application preferred by the petitioner under Section 439 Cr.P.C. is rejected.