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Judgment
Dr.Nupur Bhati, J
The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioners who are in custody in connection with F.I.R. 56/2022 dated 25.04.2022, registered at Police Station Chhatargarh, District Bikaner, for the offences under Sections 8/22, 25, 29 of NDPS Act.
Learned counsel representing the petitioner submits that the petitioners have falsely been implicated in the case and by a bare perusal of the charge-sheet, it cannot be made out that the quantity recovered from the petitioners was not below commercial quantity.
Per contra, learned Public Prosecutor opposes the bail application and submits that the statement of Investigating Officer and Seizure Officer is yet to be recorded and thus, the petitioners may not be enlarged on bail, at this stage.
Heard learned counsel for the parties and perused the material available on record.
Having regard to the entirety of facts and circumstances of the case as available on record, this Court is not inclined to enlarge the petitioners on bail at this stage.
Accordingly, the instant application for bail filed under Section 439 Cr.P.C. is dismissed.
However, the petitioners will be is at liberty to come before this Court after recording the statements of Investigating Officer and Seizure Officer.
Learned trial Court is directed to examine the statements of the Investigating Officer and Seizure Officer.