JOGA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties. Perused the material available on the record.

(2.) The instant bail application under Section 439 Cr.P.C., 1973 has been preferred on behalf of the petitioner who is in custody in connection with F.I.R. No. 199/2014, registered at Police Station Bhopalgarh, District Jodhpur for the offence under Section 8/25 of the NDPS Act.

(3.) Learned counsel for the petitioner submits that there is no evidence worth the name on the record of the case so as to connect the petitioner with the alleged crime. Recovery of poppy straw weighing 237 Kgs. was effected from a vehicle standing in the field of the co-accused Rajuram. As per the seizure memo, a person standing near the vehicle managed to escape. However, no member of seizure party, identified the accused who had managed to escape. The petitioner has been involved in this case on the basis of the statement of the said Rajuram recorded by the seizure officer. Learned counsel contends that the statement of an accused recorded by the police officer is not admissible in evidence and thus, there is no admissible evidence on the record of the case so as to connect the petitioner with the alleged crime.