BHOLA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) I have heard learned counsel for the petitioner as well as the learned Public Prosecution and also perused the documents available on the record.

(2.) The gravity of the charge against the petitioner is that on an information being made available to the Investigating Police, raiding party was organized to conduct the search in the hotel premises namely; Blue Moon Hotel, Pushkar, Ajmer where three Nepali youths namely; Avinash, Govind and Kamal were staying who were allegedly in possession of various quantities of Charas ranging from 400 gms. to 600 gms. along with Rs. 10,000/- each on every one of them. They were arrested and booked for offence under Section 8/21 of the NDPS Act 1985 for short "the Act" pursuant to FIR No. 9/99 registered with P. S. Pushkar, Distt. Ajmer on the basis of which, the investigation commenced. The entire seizure operation against three abovenamed accused was carried out from 10.00 a.m. to 11.00 a.m. The accused were interrogated and their statements under Section 161, Cr. P.C. were recorded. Recovery of Charas was also effected from the accused-applicant Bholaram, who was booked for offence under Sections 8/21 of the Act. On an application moved before the learned trial Court for release of the petitioner on bail, the trial Court declined the petitioner's request for releasing him on bail vide its order dated 6-3-1999. Thereafter, the petitioner had preferred the present bail application before this Court which after hearing learned counsel for the parties is being finally disposed of today.

(3.) Mr. Alok Sharma, learned counsel for the petitioner has vehemently contended at the bar that recovery of 180 gms. of Charas which was effected from the petitioner cannot be attributed to him without compliance to Section 27 of the Indian Evidence Act, 1872 for short "the Act of 1872" which stipulates, as under :-