BHERU LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant bail application under Section 439 CrPC has been preferred by the petitioner who is in custody in connection with the F.I.R. No.129/2020 registered at the Police Station Chhoti Sadari, District Pratapgarh for the offences under Sections 8/15, 25 and 29 of the NDPS Act.

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

(3.) The contraband poppy-straw weighing 397 Kgs. was recovered by the SHO PS Chhoti Sadari on 25.06.2020 some time after 3:15 am from a Scorpio vehicle (No.RJ 06 UA 5415), from which one of the occupants namely Pushkar Lal could be apprehended whereas the other escaped. It is alleged that the petitioner, Sonu @ Mohd. Rafiq and Amar Singh were escorting the said Scorpio car in an unnumbered Brezza car. The petitioner has been charge-sheeted in this case for the offence under Section 8/29 of the NDPS Act with an allegation of escorting the Scorpio vehicle in which the contraband poppy-straw was being transported.