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Judgment
Manoj Kumar Garg, J
Bail Application No. 10712/2022
List the matter after four weeks, as prayed.
Bail Application No. 2970/2022
The present third bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.60/2020, Police Station Bagoda, District Jalore registered for the offences punishable under Sections 8/15 and 29 of the NDPS Act.
The first bail application was dismissed on merit by this Court vide order dated 26.08.2021 and second bail application was dismissed with liberty to file afresh after recording the statement of Investigating Officer vide order dated 11.11.2021 respectively.
Learned counsel for the petitioner submits that now Investigating Officer has been examined before the trial Court. No recovery has been made from the possession of the petitioner and he has merely been arrested on the basis of statement of co-accused recorded under Section 27 of the Indian Evidence Act. The petitioner is in the judicial custody and the trial of the case will take sufficiently long time. Therefore, the benefit of bail may be granted to the petitioner.
Learned Public Prosecutor has opposed the bail application.
I have considered the arguments advanced before me and gone through the material available on record.
Looking to the fact that the recovered contraband is commercial quantity and as many as thirty-three other cases have been registered against the petitioner, therefore, no case is made out for grant of bail to the petitioner.
Hence, the instant third bail application is hereby dismissed.
The trial Court is directed to expedite the trial.
