HAKAM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By the instant criminal misc. bail application under Sec. 439 Cr.RC., petitioner Hakam Singh has challenged the order dated 8.7.2005 whereby the learned Sessions judge, Udaipur dismissed the bail application filed by the petitioner under Sec. 439 CrPC. The petitioner is facing trial for the offence under Sec. 8/15 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS Act' hereinafter). After investigation, the police filed challan and the Trial Court by order dated 2.8.2005 framed the charges against the petitioner under Sec. 8 read with Sec. 15 and 20 of the NDPS Act.

(2.) Heard learned counsel for the petitioner and the Public Prosecutor for the State. Perused the order impugned, charges framed by the Trial Court and the challan papers.

(3.) The case as set up by the prosecution is that the truck owned and under the control of the petitioner was carrying 200 bags of poppy straw (poppy husk), which was intercepted by the police and on being checked the truck was loaded with poppy straw which was transported without any license or permit in contravention of provisions of NDPS Act and, therefore, the petitioner was challaned for the offence under Sec. 8/15 and 29 of the NDPS Act.