GOVERDHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant bail application has been filed by the petitioner-Goverdhan S/o Bharu Lal under Sec. 439 Cr.P.C against the order impugned dtd. 3/1/2023 passed by learned court below in connection with FIR No.122/2021 registered at Police Station Kolayat, District Bikaner, for the offences under Ss. 8/18 and 29 of NDPS Act.

(2.) Learned counsel for the accused-petitioner submits that as per the prosecution story, co-accused-Deva Ram was apprehended by the Police while transporting huge quantity of opium. It was further submitted that petitioner has been implicated in the present case only on the basis of the information given by Deva Ram. Learned counsel further submitted that from the record of the investigation, it is apparent that as per recorded information of Deva Ram, he procured the narcotic contraband (opium) quantifying one kilogram from the present petitioner. Learned counsel submitted that in view of above, it can be safely concluded that the contraband alleged to have been procured by Deva Ram from the present petitioner is less than the commercial quantity. Lastly, it was contended that in the absence of direct involvement of the petitioner and also keeping in view the fact that the contraband said to have been procured from the petitioner is less than commercial quantity, prima facie, rigors of Sec. 37 are not attracted. Learned counsel urged that keeping in view the aforesaid facts and circumstances, the benefit of bail should be granted to the accused-petitioner.

(3.) Per contra, learned Public Prosecutor has opposed the bail application.