SURESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This application for bail has been filed by the petitioner under Section 439 of the Cr.P.C. in connection with FIR No.122/2019, Police Station Shambhupura, District Chittorgarh for the offences under Sections 8/29 NDPS Act.

(2.) Heard learned counsel for the petitioner and learned Public Prosecutor and also perused the material available on record.

(3.) Learned counsel for the petitioner submits that the recovered quantity of poppy straw weighing 31 kg, allegedly recovered from the petitioner is below commercial quantity and, thus, provisions of Section 37 of NDPS are not attracted. It is further submitted that the co-accused Sanjay has been enlarged on bail by the coordinate Bench of this Court vide order dated 01.08.2019, passed in S.B. Criminal Misc. Bail Application No.9057/2019. He further submits that the contraband was not even recovered from the petitioner's conscious possession and he was implicated only on the basis of statement of co-accused.