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Judgment
Manoj Kumar Garg, J
Bail Application No. 8052/2022:-
List the matter in the month of January, 2023.
Bail Application No. 6600/2022:-
The present 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.433/2021, Police Station Kuri Bhagtasani, District Jodhpur, registered for the offences punishable under Sections 8/21, 25 and 29 of the NDPS Act.
Learned counsel for the petitioner submits that no recovery of contraband was recovered from the possession of present petitioner and no other criminal antecedents were registered against him. Furthermore, petitioner was implicated with the aid of Section 29 of NDPS Act, therefore, 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, 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 a fresh bail application after recording the statement of Investigating Officer. The trial Court is directed to record the statement of Investigating Officer as early as possible.