MANOJ MEENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This bail application has been filed under Section 438 Cr.P.C. in connection with FIR No. 13/2021 registered at Police Station Deoli Majhi, District Kota for the offence under Section of 8/20 of NDPS Act.

(2.) Learned counsel for the petitioner has submitted that the co-accused persons namely Deepak and Mukesh from whom ganja has been recovered, have already been released on regular bail by the trial court vide order dated 28.01.2021 and 01.02.2021 respectively. The petitioner has been implicated in the present case on the basis of the statements of co-accused which had been taken during police custody. He has further submitted that Hon'ble Apex Court has decided that information u/s 67 of NDPS Act is not admissible in evidence. No recovery of any narcotic and psychotropic has been affected from the petitioner. It is further submitted that petitioner has five criminal cases but no case under the provisions of NDPS Act is pending against the petitioner.

(3.) During the course of arguments, learned counsel for the petitioner has placed reliance upon the following judgments: