MANJINDRA SINGH Vs. STATE OF RAJASTHAN

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.76/2019 of Police Station Rajgarh, Distt. Churu for the offence(s) punishable under Sec. (s) 8/25, 8/18, 8/29, 25 and 29 of the NDPS Act. He/she/they has/have preferred this/these bail application(s) under Sec. 439 Cr.P.C.

(3.) Learned counsel for the petitioners has submitted that as per the prosecution story, the petitioners along with one Sukhram were apprehended by the police and the police seized three bags containing narcotic contraband poppy straw weighing 32 kgs each from a truck, in which, the petitioners were travelling. Learned counsel has submitted that the I.O. (PW-1), in his statement recorded before the trial court, has clearly admitted that during the course of investigation, the police has come to the conclusion that all the three accused persons were in possession of one bag containing narcotic contraband poppy straw weighing 32 kgs each. Learned counsel has submitted that from the above piece of evidence of the I.O., it is clear that the petitioners were in possession of narcotic contraband below commercial quantity.