SUKHA RAM 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.172/2023, registered at Police Station Rajiyasar, District Sri Ganganagar, for the offences under Ss. 8/22, 25 and 29 of 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 contended that the petitioner has been falsely implicated in the present case. Learned counsel submitted that the psychotropic substance greater than commercial quantity was not recovered from the conscious possession of the present petitioner. Learned counsel submitted that psychotropic substance NRX AlpraZolam Tablets I.P. 0.5 mg Tablets Alpazar of 0.5 mg of quantity 16200 tablets and NRX Tramadol Hydrocholoride tablets USP 100mg CLOVEDOL 100 SR quantity 34000 tablets, (total 50,200 tablets greater than commercial quantity weighing 12 kg. 976 gms.) were recovered from the co-accused Rajpal Singh. Learned counsel for the petitioner submitted that the co-accused Rajpal Singh in his disclosure statements recorded under Sec. 67 of the NDPS Act has stated that he had procured the psychotropic substance from the present petitioner. Learned counsel contended that the petitioner has been implicated in the present case solely on the basis of the statements of co-accused- Rajpal Singh. Learned counsel submitted that apart from the disclosure statements of the co-accused Rajpal Singh, there is no other direct evidence available on record to indicate the involvement of the present petitioner in the commission of the alleged crime. Learned counsel submitted that the statements of the investigating officer- Ram Singh (PW-1) have already been recorded before the competent criminal court.