SANJEEV Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This bail application under section 439, Cr. P.C. has been filed by the petitioner Sanjeev against whom investigation for the offences u/s. 8/18 NDPS Act is pending at P.S. Behror Distt. Alwar in F.I.R. No. 398/2002, wherein as per the prosecution case 6400 kg. of poppy straw filled in 160 bags was recovered from Plot No. 230 situated in Industrial Area, Behror at 12.45 p.m. on 25/8/2002 on a tip off by the local police when the petitioner was also present there.

(2.) It has been contended by the learned counsel for the petitioner that the said god own belongs to Babulal and party who had valid legal permit to keep in stock the poppy husk. The petitioner was only a servant of the licensee. He has referred to the copy of the licence and statement of the excise Inspector recorded u/s. 161 Cr. P.C. in this regard which have been filed along with the charge-sheet. Learned P.P. has opposed- the bail application.

(3.) I have considered the rival submissions made at the bar and have also perused the police papers placed before me. It may not be just, reasonable and appropriate to make any observation on the merits of the case at this stage. But keeping in view all the facts and circumstances of the case as also the submissions of the learned counsel for the petitioner. I deem it just and proper to enlarge the petitioner on bail.