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Judgment
The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.233/2020 registered
at Police Station Pragpura, District Jaipur (Rural) for the offence under Section(s) 8/15 of N.D.P.S. Act.
It is contended by learned counsel for the petitioner that he has falsely been implicated in this case on the basis of information furnished by co-accused
which is inadmissible in evidence. With regard to his criminal antecedents, learned counsel for the petitioner submitted that he has been given benefit
of bail by a co-ordinate bench of this Court in one of the criminal case arising out of FIR No.228/2020. He submitted that the petitioner is in custody
since 12.10.2020, investigation as against him is complete and prayed for his release on bail.
Opposing the bail application, it is contended by the learned Public Prosecutor that the contraband recovered from the possession of co-accused is of
commercial quantity. He submitted that besides the information furnished by the co-accused under Section 27 of Indian Evidence Act, 1872, there is
other incriminating material available in the case diary to connect the petitioner with the offence under the provision of NDPS Act. Learned Public
Prosecutor submitted that a huge quantity of contraband is also recovered from the house of the petitioner for which separate FIR has been lodged.
He, therefore, submitted that the petitioner does not deserve indulgence of bail.
Taking into consideration the submissions advanced by learned counsels for the respective parties, the nature and gravity of allegations against the
present petitioner, the contraband of commercial quantity recovered from the possession of co-accused and the criminal antecedents of the petitioner;
but, without expressing any opinion on the merits of the case, I am not inclined to enlarge the petitioner on bail.
The bail application is rejected accordingly.