MANOHAR LAL 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.874/2022 registered at Police Station Pratapnagar, District Udaipur, for offences under Ss. 8/29 of the NDPS Act.

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

(3.) Learned counsel for the petitioner submitted that contraband (cannabis/ganja) greater than commercial quantity was recovered on 17/11/2022 by the investigating agency from co-accused Vikram Ram who, in his disclosure statement under Sec. 27 of the Indian Evidence Act, informed that he has procured the contraband (cannabis/ganja) from the present petitioner. Learned counsel submitted that the only significant evidence available against the present petitioner in the present case is the statement of co-accused Vikram Raj. Learned counsel submitted that apart from the disclosure statement of co-accused Vikram Raj, there is no other direct or corroboratory evidence available on record indicating involvement of the present petitioner in commission of the alleged crime. Learned counsel submitted that in view of the fact that there is no evidence available on record except the disclosure statement of co-accused Vikram Raj showing involvement of the petitioner in commission of the alleged crime; challan has already been filed and the trial of the case is likely to consume sufficiently long time, the petitioner deserves to be enlarged on bail.