PRAKASH Vs. STATE

JUDGEMENT

(1.) Heard learned counsel for the accused-applicant as well as learned Public Prosecutor for the state and perused the material available on record.

(2.) The instant third bail application under Sec. 439 Cr.P.C. has been preferred on behalf of the petitioner who is in custody in connection with F.I.R. No. 190/2016, registered at Police Station Boranada, District Jodhpur the offences under Ss. 8/18 and 29 of the NDPS Act.

(3.) Learned counsel Shri Bishnoi has placed on record judgments of the three cases involving offences under the Excise Act, all of which have resulted into acquittal of the accused-applicant. The accused-applicant is in custody in the present case from 3/3/2017. The case involved recovery of 70 gms of opium from the house of the principal accused Smt. Samta. As per the charge sheet and the material collected during investigation, the accused- applicant is alleged to have provided the vehicles to Smt. Samta in which the narcotics was plied. He thus urges that case of the accused-applicant stands on a better footing than that of the principal accused Smt. Samta who has since been enlarged on bail. On this ground, he urges that bail application filed on behalf of accused-applicant should be accepted.