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Judgment
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in custody in connection with F.I.R. No.212/2010, Police Station Kotdi, District Bhilwara for the offence under Section 8 / 15 of NDPS Act.
The petitioner was admittedly not arrested with the contraband poppy straw. On going through the charge-sheet, it is evident that the petitioner has been charge-sheeted solely on the basis of the information supplied by co-accused to the Investigating Officer under Section 27 of the Evidence Act. The admissibility of such information is questionable. In this background, this Court is of the opinion that the restriction contained in Section 37 of the NDPS Act does not operate against the petitioner and he deserves to be released on bail.
Consequently, the bail application is allowed. It is ordered that the accused-petitioner, Mangi Lal arrested in connection with F.I.R. No.212/2010, Police Station Kotdi, District Bhilwara shall be released on bail; provided he furnishes a personal bond of Rs.2,00,000/- and two surety bonds of Rs.1,00,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.