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Farukh Khan vs. State of Rajasthan

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Code of Criminal Procedure, 1973–Sec. 167(2)–Narcotic Drugs & Psychotropic Substances Act, 1985–Denial from granting the statutory bail–Justification–As per FIR, 160 gms. heroin was recovered from the petitioner–Conclusion of trial Court that the 760 gms. heroin was jointly recovered from all the accused, is not legal–Charge sheet was to be filed within sixty days–It was filed on 73rd day and the application u/s. 167(2) had been filed prior to the charge sheet–Petitioner is entitled to get the benefit of bail.