JAGDISH CHANDRA Vs. STATE

JUDGEMENT

(1.) Heard. Perused the material available on record.

(2.) The petitioner was apprehended from a Bolero car (No.RJ27-UA-5133) by the officers of the Police Station Dhamotar, District Pratapgarh while transporting 6.6 Kgs of opium concealed in the diesel tank of the above car on 22.07.2019 at 01:30 pm. The petitioner was the sole occupant of the vehicle. The investigation was completed and charge-sheet has been filed against the petitioner in relation to the above recovery. The contraband opium weighs well above the commercial quantity.

(3.) Learned counsel Shri Khatri vehemently and fervently urges that the petitioner is totally innocent and has been falsely implicated in this case. The recovery proceedings are highly suspicious. There are significant loopholes in the link evidence, compromising sanctity of the entire seizure process. He further submitted that the independent motbirs did not support the case of the prosecution case at the trial and were declared to be hostile. The petitioner is suffering from heart ailment and that his heart is only functioning to the extent of 25%. On these grounds, Shri Khatri craves indulgence of bail to the petitioner.