PAWAN KUMAR 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.161/2019 of Police Station Hanumangarh Town, District Hanumangarh for the offences punishable under Ss. 8/21 and 22 of the NDPS Act. He has preferred this third bail application under Sec. 439 Cr.P.C.

(3.) Learned counsel for the petitioner has submitted that the police has filed charge-sheet against the petitioner for the offence punishable under Sec. 8/21 and 22 of the NDPS Act without any basis. It is argued that in the charge-sheet, the police has come to the conclusion that the petitioner was in connection with the co-accused persons, who were arrested from the site through mobile-phone, however, no call details between the petitioner and any of the co-accused arrested by the police have been produced on record. It is also submitted that the Investigating Officer, in his cross-examination, has admitted that in Exhibits P-18 and P-19, name of petitioner is not figured, but one Ajay Kumar is there. Learned counsel for the petitioner has also submitted that from the charge-sheet as well as statement of Investigating Officer, it is clear that no conclusive evidence is available on record to connect the petitioner with the commission of crime.