PRAKASH THORI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This application for bail has been filed by the applicant under Sec. 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.') in connection with FIR No.97/2021, registered at Police Station Lohawat, District Jodhpur (Rural) for the offences under Ss. 8 and 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'NDPS Act'). A charge-sheet has been filed against the applicant for the offences under Ss. 8/15, 25 and 29 of the NDPS Act.

(2.) Learned counsel for the applicant submitted that the applicant has been enroped in the case simply because of his statement under Sec. 27 of the Evidence Act.

(3.) Learned counsel argued that the statement given in the police custody without there being any corresponding recovery has no sanctity in the eye of law and that even as per such statement, the applicant has simply disclosed the place where the principal accused (Mangi Lal) was supposed to deliver the contraband substances.