1 S.B. Cr. Bail Application No. 96/2008 (Prithvi Singh & Anr. Vs. State of Rajasthan) Date of order : 04.02.2008 HON'BLE MR.H.R.PANWAR,J. Mr. R.S.Choudhary for the petitioners. Mr. L.R.Upadhyay, P.P. Heard learned counsel for the petitioners and public prosecutor for the State. Perused the order impugned and challan papers. It is contended by learned counsel for the petitioners that there is delayed identification, though both the petitioners have been identified by the witnesses. It is also contended that nothing has been said about Banwarilal. Learned public prosecutor opposed the bail application and contended that the contraband poppy straw weighing 6 Qtl. and 61 kg. which is commercial quantity has been recovered from a vehicle and both the petitioners ran away and they were identified by the witnesses. However, on arrest, they were put to identification test before the Judicial Magistrate and the witnesses correctly identified both the petitioners. Keeping in view the contraband recovered which is commercial quantity and the fact that both the petitioners have 2 been identified and therefore, keeping in view of the provisions of Section 37 of the NDPS Act, in my view, at this stage, it cannot be concluded that there are reasonable grounds for believing that the petitioners are not guilty of such offence and that they are not likely to commit any offence while on bail. In the circumstances, therefore, no case for bail is made out. The bail application filed by the petitioners under Section 439 Cr.P.C. is therefore, dismissed. (H.R.PANWAR), J. rp