BHAGGA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant bail application has been filed under Sec. 439 Cr.P.C. on behalf of the petitioner who is in custody in relation to FIR No.563/2011, Police Station Kotwali, Chittorgarh for offences under Ss. 8/18 & 29 of the NDPS Act.

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

(3.) Contraband opium weighing 5 Kgs. was recovered from the co-accused Mukesh on 24/8/2021. During the course of investigation, the IO recorded the information of the co-accused Mukesh under Sec. 27 of the Evidence Act wherein, it was revealed that he had procured the opium in question from Gopal and that he was to supply the same to the present petitioner. On the basis of this conclusion, the IO proceeded to file charge-sheet against Mukesh and Gopal. Mukesh has been convicted after trial.