SHRAWAN KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant bail application has been filed on behalf of the accused-petitioner under Sec. 439 Cr.P.C. The petitioner has been arrested in connection with FIR No. 35/2021 registered at Police Station RGT, Rawli Nadi, District Barmer for the offence(s) under Ss. 8/15, 25 and 29 of the NDPS Act.

(2.) Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case on the basis of information furnished by co-accused Chhaganlal. Except the information under Sec. 27 of the Evidence Act, there is no other evidence available on record connecting the petitioner with the commission of alleged crime. No call details are on record. No recovery has been effected from the accused-petitioner. The petitioner in judicial custody since 20/10/2022 and trial is likely to take long time to conclude. According to learned counsel, on the basis of prima-facie evidence on record, there is no involvement of the accused-petitioner and therefore, looking to the provisions of Sec. 37 of the NDPS Act, the petitioner deserves to be enlarged on bail.

(3.) Per contra, learned Public Prosecutor opposed the bail application and submitted that the matter involves recovery of commercial quantity of illicit contraband from co-accused and therefore, prays for dismissal of the bail application.