BHAGA RAM SIYOL Vs. STATE, THROUGH PP

JUDGEMENT

(1.) Heard learned counsel for the petitioners as well as learned Public Prosecutor and also perused the material on record.

(2.) The petitioners have been arrested in FIR No.139/2018 of Police Station Mathania, District Jodhpur for the offences punishable under Sections 8 / 15 , 25 NDPS Act. They have preferred this bail application under Section 439 Cr.P.C.

(3.) Learned counsel for the petitioner has submitted that as per the prosecution story 55 kgs of poppy straw was recovered from both the petitioners. It is submitted that after rejection of first bail application of the petitioners, charge-sheet has been filed. Learned counsel argued that during the course of interrogation, the petitioners disclosed that 30 kgs of poppy straw belongs to petitioner Mohanram Godara, whereas 25 kgs of poppy straw belongs to petitioner Bhaga Ram. Learned counsel further submitted that from the aforesaid interrogation, it is clear that the quantity of poppy straw possessed by the petitioners was below commercial. Learned counsel also submitted that the police have deliberately not mentioned in the charge-sheet that both the petitioners were in possession of poppy straw which was below commercial quantity.