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Judgment
Manoj Kumar Garg, J
The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody since 18.05.2022 in connection with F.I.R. No.113/2021, Police Station Suhagpura, District Pratapgarh, registered for the offences punishable under Sections 8/15, 29 of the NDPS Act.
Learned counsel for the petitioner submits that no recovery of contraband was made from the possession of the petitioner and he has been implicated in this case with the aid of Section 29 of NDPS Act. Challan of the case has been presented and no investigation is pending, therefore, benefit of bail should be granted to the petitioner.
Learned Public Prosecutor has opposed the bail application.
Heard learned counsel for the petitioner as well as learned Public Prosecutor and perused the material available on record.
The recovered contraband is commercial quantity and the accused-petitioner has been implicated in this case with the aid of Section 29 of NDPS Act, therefore, no case is made out for grant of bail to the petitioner. Hence, the instant bail application filed by the petitioner is hereby dismissed.
However, liberty is granted to the petitioner to file afresh after recording the statement of Investigating Officer. The trial Court is directed to record the statement of Investigating Officer as early as possible.