SUNIL DUDI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner lugged and locked in F.I.R. No.133/2021 under Sec. (s) 8/15 and 8/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, (for short 'the Act') registered by Police Station Shahpura, District Bhilwara, filed this second application for restoration of his liberty under Sec. 439 of the Code of Criminal Procedure, 1973. The first bail application was disposed of without considering the merits of the case since it was not pressed by the petitioner.

(2.) Shorn of details, the facts leading to this bail application are that petitioner Sunil Dudi was arrested on 19/4/2021 in connection with FIR number 72/2021 registered at police station Kotdi, District Bhilwara. He was interrogated in that matter. During the course of which, on 23/4/2021 he suffered a disclosure statement that on 10/4/2021, he along with other accused was carrying Poppy Straw in two vehicles. On the way, when there was a clash and firing with the police force in Kotdi police station area, they ran away from there and the Poppy Straw was emptied and hidden in an cote of Raju Kharol. On the basis of said information, petitioner along with other co-accused was taken to the spot. After following the due procedure, 776 kg of Poppy Straw was recovered from cote of Raju Kharol which was hidden under the fodder. After investigation, charge-sheet has already been filed against the petitioner besides 12 other accused.

(3.) To begin at the beginning Shri Vikas Balia, learned senior counsel for the petitioner has inter alia contended that the petitioner is innocent and has been falsely implicated in the case only on the basis of disclosure statement. He argued that petitioner was interrogated in F.I.R. number 72/2021 of police station Kotdi, during the course of which, he allegedly gave information under Sec. 27 of the Indian Evidence Act. Recovery of contraband has been made on the basis of said information only.