Mr. P.K. Lohra, J. - (1.) Accused-petitioner has laid this second bail application under Section 439 Cr.P.C., 1973 for seeking his release upon furnishing bail bonds in connection with FIR No.139/2016, registered at Police Station Parbatsar, District Nagaur. In the FIR, petitioner is charged for offences punishable under Section 8/15 of the NDPS Act and Section 3/25 of the Arms Act.
(2.) First bail application of the petitioner bearing No.5001/2017 was dismissed on 10th of July, 2017 as not pressed with liberty to file fresh as and when occasion arises.
(3.) As per prosecution case, S.H.O., Police Station Makrana, District Nagaur received an information that two persons are transporting huge quantity of poppy straw from Chittorgarh in white Mahindra pick-up vehicle No.PB11-BA-7096. The informer also conveyed that both these persons are involved in smuggling activities of contraband with their area of operation, i.e., Chittorgarh and Madhya Pradesh for transporting the same to State of Punjab. The information of Mukhbir prompted police authorities to take requisite action and they attempted to intercept the vehicle on Mega Highway of Parbatsar and eventually caught hold of the vehicle. The vehicle in question was driven by petitioner and he was accompanied by other accused person Kulwinder Singh. During search, it was revealed that accused Kulwinder Singh was carrying a pistol and the vehicle was stuffed with 20 jute and plastic bags containing poppy straw approximately weighing 364kg 700g. Upon completion of investigation, eventually, police submitted charge-sheet against both the petitioners for the aforesaid offences while keeping investigation pending against two others.;