UDAI LAL 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.396/2022 registered at Police Station Bilara, District Jodhpur for offences under Ss. 8/15 and 29 of the 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 submitted that the contraband (poppy husk/straw) weighing 150 Kgs Was recoveed from an unnumbered Creta car on 14/8/2022. Learned counsel for the petitioner submitted that the petitioner was not arrested on the spot, however, he has been implicated in the present case, solely on the basis of the statements of the co-accused Sanwar Lal recorded under Sec. 27 of the Indian Evidence Act, who in his disclosure statements, stated that the contraband recovered in the present case was procured by him from the present petitioner. Learned counsel submitted that apart from the disclosure statements of co-accused Sanwar Lal, there is no other evidence available on record indicating his involvement in commission of the alleged crime.