SURESH KUMAR 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. 10/2019 of Police Station Suratgarh, District Sriganganagar for the offences punishable under Ss. 8/22 and 29 of NDPS Act. He has preferred this bail application under Sec. 439 Cr.P.C.

(3.) Learned counsel for the petitioner has submitted that as per the prosecution story, the police have arrested one Shamaoon Khan along with huge quantity of tablets containing narcotic substance. In the interrogation, Shamaoon Khan has informed the police that he procured the said tablets containing narcotic substance from Mohan Lal. On the said information, the police conducted a raid on the premises of Mohan Lal and also recovered huge quantity of tablets containing narcotic substance from his possession. Mohan Lal, during the course of investigation, informed the police that he has purchased the said narcotic contraband from the petitioner, who is a license holder of a medical shop in Dungargarh, District Bikaner. It is submitted that as a matter of fact, the petitioner is a license holder and selling drugs under the license issued to him by the authority concerned. It is submitted that the petitioner is not holding any license to sell or purchase the drugs under the NDPS Act or Rules made thereunder. It is submitted that petitioner had purchased drugs from a whole- seller of Sikar, who had purchased the said drugs from somewhere else. It is submitted that in the charge-sheet, the police have simply mentioned that accused Suresh, who is a license holder has violated the condition of license, therefore, charge-sheet against him has been filed under Sec. 26 of the NDPS Act. It is submitted that since the petitioner was not holding any license issued under the NDPS Act or Rules made thereunder, Sec. 26 of the NDPS Act is not applicable to his case. It is submitted that the police have also illegally filed charge-sheet against the petitioner under Ss. 8/21 and 29 of the NDPS Act because the police have failed to collect any evidence to suggest that the petitioner was connected with co-accused persons namely Suresh and Mohan Lal in any manner. It is prayed that in the facts and circumstances of the case, the petitioner be enlarged on bail.