POONA RAM @ POONAM CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

(2.) The petitioner has been arrested in FIR No. 45/2013 of Police Station Matora, District Jodhpur for the offences punishable under Sections 8/21 and 29 of N.D.P.S. Act. He has preferred this bail application under Section 439 Cr.P.C., 1973.

(3.) Learned counsel for the petitioner has submitted that as per prosecution story, contraband smack weighing about 800 gms was recovered from co-accused Dinesh, however, as per FSL report, 2.18% of morphine was found in the sample of the recovered smack which itself proves that it was opium and not the smack, as alleged. It is argued that co-accused Dinesh from whom the contraband smack was recovered, has already been enlarged on bail by this Court vide order dated 05.01.2016. Thus, it is prayed that the petitioner may be enlarged on bail.