KRIPAL SINGH Vs. STATE

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned Public Prosecutor for the State and perused the relevant documents placed before me.

(2.) Contention of the learned counsel for the petitioner is that allegation against the petitioner was that he received from other co-accused a sum of Rs.5,00,000/- in different instalments and assured that he would procure poppy straw. It is argued that no recovery whatsoever was made from the petitioner and for that matter from other co-accused of any contraband. Challan against the co-accused has been filed and they have been acquitted by the Court of Special Judge, NDPS Cases, Jhalawar by judgement dated 28.5.2008. Challan was filed under Section 299 of the Cr.P.C. and the fact is that petitioner never absconded. He is in jail for last one month, trial of the case may take long and there is no criminal case ever registered against him.

(3.) Learned Public Prosecutor has opposed the bail application.