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Judgment
Manoj Kumar Garg, J
The present second bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.176/2020 of Police Station Jetsar, District Sri Ganganagar for the offence punishable under Sections 8/22, 29 of NDPS Act.
The first bail application was rejected vide order dated 11.02.2021 by the co-ordinate Bench of this Court with liberty to file afresh after recording the statement of Seizure Officer and Investigating Officer.
Learned counsel for the petitioner submits that Seizure Officer has now been examined before the Court as PW-1 and there are material contradictions, omissions and improvement in his statement. The petitioner is in the judicial custody and the trial of the case will take sufficiently long time. Therefore, the benefit of bail should be granted to the accused-petitioner.
Learned Public Prosecutor has opposed the prayer for bail. Heard learned counsel for the petitioner as well as learned public prosecutor and perused the material available on record. The recovery of contraband is of commercial quantity and same is fortified from the statements of PW-1 Madan Lal and PW-2 Pawan Kumar, who have supported the prosecution story. All the aspects on merit shall be considered at the final stage of the trial, therefore, this Court is not inclined to grant benefit of bail to the present petitioner.
In the above circumstances, the second bail application filed by the petitioner is hereby rejected.