MAHENDRASINGH 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 connection with FIR No. 425/2013, Police Station Kotwali Nimbahera, District Chittorgarh for the offences punishable under Ss. 8/15 and 29 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 prosecution story, the police recovered 6 kg and 500 grams of opium and 225 kg of poppy straw from one Malla Ram S/o Varinga Ram on 24/10/2013 in a mini TATA truck in the jurisdiction of Police Station Nimbahera. As per prosecution story, the accused Malla Ram apprehended by the police, has informed that he had procured the narcotic contraband from the petitioner in Madhya Pradesh. Learned counsel for the petitioner has submitted that the petitioner was arrested on 5/11/2018 and thereafter chargesheet has been filed against him and charges have also been framed. It is submitted that now the statements of the Investigating Officer Ram Singh (PW-17) in relation to the petitioner have been recorded before trial court in which he has specifically stated that he was assigned the investigation against the petitioner after his arrest and during the course of investigation, he has failed to collect any evidence which suggests that the petitioner had supplied narcotic contraband to co-accused Malla Ram, which was recovered from him. Learned counsel for the petitioner has submitted that in his cross-examination, Ram Singh (PW-17) has also specifically admitted that no independent witness or any documentary evidence is there on record to connect the petitioner with commission of crime. Learned counsel for the petitioner has submitted that the Investigating Officer himself is admitting that there is no evidence available on record which connects the petitioner with commission of crime, it would be difficult for the prosecution to prove the charge of Sec. 8/29 of NDPS Act against the petitioner, therefore, the petitioner is entitled to be enlarged on bail.