OM PRAKASH VISHNOI 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. 180/2018 of Police Station Bilara, District Jodhpur for the offences punishable under Ss. 8/15 and 8/29 NDPS Act. He has preferred this third bail application under Sec. 439 Cr.P.C.

(3.) Learned counsel for the petitioner has submitted that as per the prosecution story, co-accused Shrawan was apprehended by the police while transporting huge quantity of poppy straw in a car. It is submitted that co-accused Shrawan, while in police custody, gave information under Sec. 27 of Indian Evidence Act to the police that he procured the said narcotic contraband at the instruction of the petitioner. It is submitted that the police have thereafter arrested the petitioner and filed charge-sheet against him for the offence punishable under Sec. 8/29 of NDPS Act. It is also submitted that during the course of investigation, the police collected the call details of several phone numbers and also recorded information of co- accused Shrawan, wherein he has identified the house of the petitioner and on the basis of the said evidence, the police have concluded that the petitioner was involved in commission of crime.