Jagat Singh, J. - (1.) This second bail application under Section 439, Cr.RC. has been filed on behalf of Gulam Mohd. @ Aman. His first bail application No. 348/02 was dismissed by me vide order dated 30.1.2002.
(2.) Learned counsel submits that since then RW.2 K.S. Meena Intelligence Officer NCB, Jodhpur has been examined who has admitted that present accused was apprehended in the Inderin Hotel upon a secret information and who was given notice under Section 67 of the NDPS Act to come before the above officer for examination. It is further submitted that the conduct of the accused petitioner was not indicative any guilty else he should have absconded and may not have cooperated with the Intelligence Officer. It is further submitted that even if the narcotic Kokin weighing 4 Kg. 285 gms. was recovered, present petitioner was not present at the site. He further submits that he is in custody since more than one year and trial will take some more time and he be granted bail.
(3.) Learned standing counsel has seriously opposed it.;