(1.) The present bail application has been filed under Sec. 439 Cr.P.C. on behalf of the applicant who is in custody in connection with FIR No.20/2021 of Police Station Bhopalgarh, District Jodhpur for the offences punishable under Ss. 8/15 and 29 of the NDPS Act.
(2.) Heard learned counsel for the applicant as well as learned Public Prosecutor and also perused the material on record.
(3.) Learned counsel for the applicant submits that narcotic substance poppy straw has not been recovered from possession of the applicant. As per prosecution case, during nakabandi on 3/2/2021, SHO, Bhopalgarh recovered 392 kgs. of poppy straw from co-accused Ashok Bishnoi, who on inquiry disclosed that he was going to supply the substance to present applicant; after completion of investigation, charge-sheet has already been filed; the applicant is under custody since 7/2/2022 and there is no other evidence available on record to connect the present applicant with the offence, therefore, learned counsel for the applicant prays to allow the bail application.