PRABHULAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Apprehending their arrest in connection with FIR No. 49/2024 registered at Police Station Aklera, District Jhalawar for the offence(s) under Ss. 8, 21, 25 & 29 of the NDPS Act, the petitioners have preferred these anticipatory bail application under Sec. 438 Cr.P.C.

(2.) Learned counsel for the accused-petitioners submits that the petitioners have been falsely implicated under Sec. 8/29 of the NDPS Act. The accused-petitioners have nothing to do with the alleged offence and have been implicated in the case based upon the statements of the co-accused Ghanshyam, from whom possession of 100 gms. smack was recovered. Apart from the disclosure statement, there is no substantive piece of evidence available on record against the accused-petitioners. He further submits that no custodial investigation of the accused-petitioners are required. He prays that the anticipatory bail of accused-petitioners may be allowed.

(3.) Learned Public Prosecutor vehemently opposes the bail applications and submits that recovery of contraband article was effected from co-accused Ghanshyam and his disclosure statement name of the present petitioners was revealed. He further submits that co-accused Ghanshyam was constantly in contact with the accused-petitioners through mobile. Therefore, looking to the gravity of the offence, anticipatory bail of accused-petitioners may be dismissed.