MUSHTAQ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This bail application under Sec. 438 Cr.P.C. has been preferred by the accused petitioner Mushtaq in FIR No. 137/2016, Police Station- Gogamedi registered for the offences punishable under Sec. 8/18 of the NDPS Act.

(2.) Learned counsel for the petitioner submits that the petitioner has been involved in the case simply on the statement of accused Imran who has stated that he was going to deliver 50 gms. of opium recovered from his possession to present petitioner Mushtaq. Learned counsel submits on the basis of the statement of co-accused present petitioner ought not to have been involved in the matter, and the quantity recovered from the accused petitioner is smaller than the commercial quantity.

(3.) Learned Public Prosecutor has vehemently opposed the prayer.