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Judgment
7 paragraphs · 216 wordsVinit Kumar Mathur, J
The present second bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.50/2021, Police Station Mohangarh, District Jaisalmer, for the offences under Sections 08/15 NDPS Act.
Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material available on record.
Learned counsel for the petitioner submit that after the rejection of the first bail application on 11.01.2022, statement of Seizure Officer has been recorded before the learned trial court as PW-1. In the statement of Seizure Officer, it has come on record that the total weight of the carry bags is about 6 kgs. and thus, the actual weight of the contraband is marginally above the permissible commercial quantity. He therefore submits that the petitioner may be enlarged on bail.
I have considered the submissions made at the bar and gone through the relevant record of the case as well as the statement of Seizure Officer.
The fact that the contraband recovered from the petitioner is more than 50 kg and therefore, I am not inclined to grant bail under Section 439 Cr.P.C. to the petitioner at this stage.
Accordingly, this bail application preferred by the petitioner under Section 439 Cr.P.C. is dismissed.