OMPRAKASH Vs. STATE

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the material available on record.

(2.) The petitioner(s) has/have been arrested in FIR No.11/2019 of Police Station Mohangarh, District Jaisalmer for the offence(s) punishable under Section(s) 8/15 and 29 of the NDPS Act. He/she/they has/have preferred this/these bail application(s) under Section 439 Cr.P.C.

(3.) Learned counsel appearing on behalf of petitioner - Omprakash has submitted that after rejection of his earlier bail application, statements of the Investigating Officers namely Kishan Singh (PW-1) and Kishna Ram (PW-2) have been recorded before the trial court and from their evidence, it is clear that no material is available on record to connect petitioner - Omprakash with the commission of crime. It is also argued that the mobile, alleged to have been carried by petitioner - Om Prakash, at the time of alleged incident, is also not in his name. It is further submitted that vehicle i.e. Bolero camper being registration No.RJ-43-GA-1057, from which, the narcotic contraband has been recovered, was found by the police in an abandoned condition. It is further submitted that though, allegation against petitioner - Om Prakash is to the effect that he was transporting huge quantity of narcotic contraband in the aforesaid vehicle, but no evidence is available on record to the effect that anybody has identified him while transporting the said narcotic contraband. Learned counsel has further submitted that petitioner - Om Prakash is in custody from last around two years and since trial of the case is likely to take time, he may be enlarged on bail.