SABIR KHAN Vs. STATE

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.208/2019, Police Station Mandalgarh, Bhilwara for the offence under Sec. 8/15 of the NDPS Act.

(2.) Heard learned counsel for the petitioner and learned Public Prosecutor and also perused the material available on record. It is argued by learned counsel that petitioner has been falsely implicated in the matter. Learned counsel has further submitted that the contraband poppy-straw, weighing 201 kg., was seized from pick-up having no. RJ-21-G1-6249. The driver of the vehicle, during interrogation, disclosed the name of Babu @ Yakub Khan to whom contraband (poppy-straw) was to be delivered. Further, Babu @ Yakub Khan disclosed the name of petitioner stating that he is the owner of pick-up No.RJ-21-G1- 6249. It is in this back-ground, learned counsel submitted that there is no direct involvement of the petitioner in the present case and he had no knowledge of contraband being transported in the Vehicle No.RJ-21-G1-6249. Learned counsel also submitted that there is no evidence showing involvement of the petitioner in the present case except statement of Babu @ Yakub Khan.

(3.) Learned counsel submitted that prima-facie rigor of Sec. 37 of the NDPS Act cannot be invoked in the present case. Lastly, it was submitted that there is no criminal antecedents of the petitioner showing involvement of the petitioner in any other offence under the NDPS Act.