TEJA RAM JAT 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.278/2019 registered at Police Station Sadar Bhilwara, for offences under Ss. 8/15 of the NDPS Act.

(2.) Learned counsel for the petitioner submits that contraband poppy husk weighing 61 Kgs. was recovered from an abandoned vehicle (Toyota Corolla) No.RJ-18-CA-2504. The investigating agency, during investigation, arrested registered owner of the vehicle namely Bhanwar Singh. Bhanwar Singh, in his information provided under Sec. 27 of the Indian Evidence Act, informed that he has sold the vehicle to one Bhagirathmal. The co-accused Bhagirathmal further informed that vehicle was being used by the present petitioner and that he had no knowledge about the contraband recovered from the offending vehicle. Learned counsel further submitted that Bhagirathmal has already been enlarged on bail by a Coordinate Bench of this Court vide order dtd. 28/11/2022 passed in S.B. Cr. Misc. 2nd Bail Application No.15131/2022. The order dtd. 28/11/2022 passed by the Coordinate Bench is reproduced herein below for ready reference:

(3.) The first bail application was dismissed as not pressed on 21/7/2022 with liberty to file a fresh bail application after filing of challan.