ANIL SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Present Application has been filed under I Section 439 Cr.P.C. for grant of regular bail to the petitioner in a case arising out of F.I.R. No. VIII (IO)11/NCB/JZOV/2013, registered at Police Station, Narcotic Bureau, Jodhpur, for commission of offences punishable under Sections 8/20, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

(2.) Prosecution version is that three persons, namely Sanjay Rajoria, Anop Singh and Ashok Chauhan were arrested. From all the three accused, 18.800 grams 'ganja' was recovered. Accused, during interrogation have made the statement under Section 67 of the Act that they had procured 'ganja1 from the present petitioner.

(3.) The learned Counsel appearing on behalf of the petitioner has submitted that the statement made by the co-accused, who were under arrest to the Officers of Narcotic Bureau, is hit by Section 25 of the Indian Evidence Act, as for all intent and purposes the officials of the Narcotic Bureau were acting as Police Officials.