BHEM LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard Perused the challan papers at length.

(2.) The police has submitted challan against the petitioner for the offence under sec. 9A read with sec. 25A of the Narcotic Drugs & Psychotropic Substances Act in Court of learned Single Judge, N.D.P.S. Act Cases, Pratapgarh, whereas against co-accused persons Gulab Singh, Samrath, Habibur Rehman & Mohammad Rehman the challan has been filed under secs. 8/21, 29 & 25 of the Act. The petitioner was arrested on 1.4.95. It is alleged that on 2.4.95 he volunteered inforniation under section 27 Evidence Act and in pursuance thereof he got one bottle of Acetic Anhydride recovered from his agricultural field. It is further alleged that the Acetic Anhydride is used in manufacture of brown sugar from the opium.

(3.) The contention of Shri Mehta is that even assuming for the sake of arguments these allegations are taken to be true against the petitioner still then no offence under sections 8/21, 29 & 25 N.D.P.S. Act is made out against the petitioner and as such the petitioner should be released on bail. Mr. K.L. Thakur has opposed this bail petition on the ground that the petitioner had supplied the Acetic Anhydride to the co-accused persons, who were involved in manufacturing of brown sugar.