MOHAMMAD SHEHZAD Vs. STATE

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. 152/2018 of Police Station Sambhupura, District Chittorgarh for the offences punishable under Sections 8/15 and 8/25 of NDPS Act. He has preferred this bail application under Section 439 Cr.P.C.

(3.) Learned counsel for the petitioner has submitted that as per the prosecution story, huge quantity of poppy straw was recovered from one Hansraj while he was transporting the same in Terrano Car bearing registration No. RJ-27 CF 3366. It is submitted that the police in the charge-sheet have concluded that the said narcotic contraband was supplied by Prahlad to Hansraj, however, the police have concluded that the car, in which narcotic contraband was found, was registered in the name of one Arif, however, on interrogation Arif informed the police that he had sold the said vehicle to the petitioner. He has also produced an agreement to sell said to have been executed by him in favour of the petitioner on a stamp paper. On the basis of the said evidence the police have filed charge-sheet against the petitioner for the offence punishable under Section 8/25 of NDPS Act while concluding that the recovered vehicle is owned by him.