GOPAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

(2.) The petitioner has been arrested in FIR No.100/2019 of Police Station Kherapa, District Jodhpur for the offences punishable under Sections 8/15, 25 and 8/29 of NDPS Act and under Section 3 of PDPP Act and under Sections 307, 332, 353, 420, 467, 468, 471 of IPC. He has preferred this bail application under Section 439 Cr.P.C.

(3.) Learned counsel for the petitioner Mr. Anand Purohit, Sr. Advocate has submitted that from the statements of the Seizure Officer PW-1, it is clear that from the car, which was allegedly driven by the petitioner, 48 kgs. of poppy straw were recovered, whereas this Court while taking into consideration the fact that 49 kgs. of poppy straw were recovered from co-accused Ghevar Ram, has enlarged on bail on the ground that narcotic contraband recovered from him is below commercial quantity.