AKHLAQ HUSSAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

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

(2.) The petitioner is 65 years old man, who has been implicated in this case for the offence under section 8/25 of the NDPS Act, as being the owner of the Tempo No. RJ 20 PA 6202, from which, the contraband poppy straw weighing 83 kg. was recovered on 26.8.2015. The prosecution has set up a case that the petitioner's son Sharafat Hussain was getting the poppy straw smuggled in the Tempo through its driver Prafful Kumar @ Sonu Sindhi.

(3.) Learned counsel for the petitioner contends that there is no evidence to show that the petitioner allowed the Tempo to be used for smuggling contraband poppy straw or that he was having any knowledge of the smuggling. He thus submits that ex facie the offence under section 8/25 of the NDPS Act cannot be said to be made out against the petitioner. Thus, he prays that the petitioner deserves to be released on bail.