GANESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties and also perused the material available on record.

(2.) The petitioner(s) has/have been arrested in FIR No. 97/2018 of Police Station Bassi, Distt. Chittorgarh for the offence(s) punishable under Sec. (s) 8/15, 25 and 8/29 of the NDPS Act. He/she/they has/have preferred this/these bail application(s) under Sec. 439 Cr.P.C.

(3.) Learned counsel for the petitioner has submitted that as per the prosecution story, 139 kgs of poppy straw were recovered by the police from an abondoned Hundai car bearing registration No. RJ-09-CB-2785. During the course of investigation, the police reached to the conclusion that the said car has been registered in the name of one Kailash Dhakad, however, the police have found that Kailash Dhakad sold the above-referred car to the petitioner on 18/12/2017 and from that date, the said car is in possession and use of the petitioner. Learned counsel for the petitioner has submitted that as a matter of fact, on 15/8/2018, coaccused Arjun Dhakad asked the petitioner to give the said car to him for the purpose of visiting some relatives and the petitioner without knowing his intention handed over the said car to him. It is submitted that later on, the police have found the said car in an abondoned condition, in which, 139 kgs of poppy straw were loaded. It is further submitted that as a matter of fact, the petitioner was not aware about the fact that Arjun Dhakad is involved in transporting illegal poppy straw and he handed over the said car to him bond fidely.