SOMJILAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present 3rd bail application has been filed under Sec. 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.119/2021, Police Station Sameja Kothi, District Sri Ganganangar for the offence under Ss. 08/22, 25 and 29 of NDPS Act.

(2.) Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material available on record.

(3.) Learned counsel for the petitioner submits that after rejection of the 2nd bail application of the petitioner on 19/5/2022, the statement of Narayan Ram has been recorded before the trial Court as PW-2. He submits that there is no recovery of contraband drugs from the present petitioner and except the information of co-accused under Sec. 27 of the Evidence Act, there is no other material on record to connect the petitioner with the recovery of the contraband drugs in the present case. He further submits that even as per the statement of PW-2, the factum of the recovery of the contraband drugs is not established.