SHAYAMDAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioners as well as learned Public Prosecutor and also perused the material on record.

(2.) The petitioners have been arrested in FIR No.135/2019 of Police Station Choti Sadari, District Pratapgarh for the offences punishable under Sections 8/15 and 29 of NDPS Act. They have preferred these second bail applications under Section 439 Cr.P.C.

(3.) Learned counsel for the petitioners has submitted that as per the prosecution story, the police seized huge quantity of narcotic contraband poppy straw on 24.05.2019 in a pick-up outside of village Rambhawali near the Cooperative Society building. It is further submitted that as per the prosecution story, one person was nabbed at the spot, however, another person ran away from the scene of crime. It is submitted that the person nabbed by the police was Pankaj, who during the course of interrogation, revealed that another person, who ran away from the scene of crime, was Shokin @ Rahul. It is further submitted that during the course of interrogation, the accused Pankaj also informed the police that Shokin @ Rahul procured the said narcotic contraband poppy straw from one Shyamdas. It is also submitted that on the basis of the information supplied by accused Pankaj, while in police custody, the police have arrested the petitioners and interrogated them. Learned counsel for the petitioners has submitted that except the information supplied by accused Pankaj, while in police custody, no other evidence to connect the petitioners with commission of crime is available on record. It is submitted that now the statements of Investigating Officer Mohan Singh have been recorded before the trial court as PW-1, wherein he has specifically stated that no independent evidence except the information supplied by accused Pankaj, while in police custody, is available against the petitioners. It is submitted that it is settled that the information supplied by accused person while in police custody is not admissible in evidence.