MANGILAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This application for bail has been filed by the petitioner under Sec. 439 of the Cr.P.C. in connection with FIR No.171/2021 Police Station Baap, District Jodhpur, for the offences under Ss. 8/15 and 25 of NDPS Act.

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

(3.) Learned counsel for the petitioner submitted that the contraband (poppy straw/husk) in 6 bags weighing 100 Kg was recovered from an open area, said to be in possession of the present petitioner. Learned counsel submitted that the petitioner has been arrested on 2/1/2022. Drawing attention of the Court towards the statement of Investigating Officer-Rakesh Khyaliya (PW-1) recorded before the competent criminal court on 18/1/2023, learned counsel submitted that the Investigating Officer has admitted that though recovery was made from an open area however, there is no document available on record to show that the said open area/field was in the exclusive possession/ownership of the present petitioner. Learned counsel submitted that in view of the fact that the said open area/field is not in exclusive ownership of the present petitioner and no document showing exclusive ownership/khatedari of the petitioner is available on record, therefore, the petitioner deserves to be enlarged on bail.