relied upon the S.O.115 published in Rajasthan Gazette Notification dated 16.10.1986 issued by the Finance (Excise) Department, which authorizes all Inspectors of Police, and Sub-Inspectors of Police, posted at Station House Officers, to exercise the powers mentioned in Section 42 of the NDPS Act. Learned Public Prosecutor while relying upon the cross-examination of PW-1 Mangu Ram, SubInspector further submits that PW-1 Mangu Ram Sub-Inspector has specifically stated that on 25.5.2022 at 6.10 PM, the SHO Ravindra Kumar Naruka was not present at the Police Station, therefore, he was holding the charge of SHO. Learned Public Prosecutor further submitted that the arguments raised by the learned Senior Counsel touch upon the merits of the case and in the present case the recovered contraband is 6000 capsules of Tramadol, which is in commercial quantity, therefore, grant of bail is hit by the provisions of Section 37 of the NDPS Act. There is prima facie proof that the petitioner has committed the offence as alleged against him, therefore, the petitioner may not be granted indulgence of bail. In support of his contentions, learned Public Prosecutor relied upon the following judgments of Hon'ble Supreme Court:
