CHANDRA SHEKHAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This application for bail under Sec. 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.9/2023, registered at Police Station Mandore, District Jodhpur for the offences under Ss. 8/21 and 8/29 NDPS Act.

(2.) Heard learned counsel for the petitioner as also the learned Public Prosecutor and perused the material available on record.

(3.) Learned counsel for the petitioner submitted that contraband (M.D.M.A.) weighing 12.40 gm was recovered from the conscious possession of co-accused Khinwraj. At the initial stage, co-accused Khinwraj in his statements, had stated that he procured the recovered contraband (M.D.M.A.) from the co-accused Rahul Godara. Later, co-accused named the present petitioner in his statements under Sec. 27 of Indian Evidence Act. Learned counsel further submitted that petitioner has been implicated in the present case solely on the basis of information provided by the co-accused Khinwraj under Sec. 27 of the Evidence Act. Learned counsel further submitted that since initially the petitioner was not named by the co-accused, he may be enlarged on bail.