VISHNU PRASAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Charge-sheet for having committed offence under Sections 8/21 of the NDPS Act 1985 was filed against the petitioner. According to prosecution story the petitioner on being searched by Bhanwar Singh C.O. was found illegally possessing smack weighing 8 gms. and 5 milligrams.

(2.) Mr. Jagdeep Dhankar, learned Sr. Advocate canvassed that C.O. Bhanwar Singh was member of raid party and having some interest in the success of raid therefore from the material on record it is evident that provisions contained in Section 50 of the NDPS Act have been flouted and there are reasonable grounds for believing that the petitioner is not guilty of the offence Reliance was placed on Nadeem v. State of Rajasthan, Babu Lal v. State. Babulal v. U.O.I. and prayer was made to release the petitioner on bail under Section 439 Cr. P.C.

(3.) I have provided opportunity to Mr. Rajendra Yadav learned Public Prosecutor to oppose the bail application in view of provisions contained in Section 37 of the NDPS Act.