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Judgment
Petitioners have filed this bail application under Section 439 of Cr.P.C.
F.I.R. No. 30/2020 was registered at Police Station Pagariya District Jhalawar for offence under Section 8/15 of NDPS Act.
It is contended by counsel for the petitioners that Petitioner No.2 is only the cleaner of the vehicle. He was not aware that the truck was loaded
with contraband.
Learned Public Prosecutor has opposed the bail application. It is contended that 435 Kg. of poppy husk has been recovered from the petitioners.
The driver himself was the owner of the vehicle and same could not have been transported without connivance of Petitioner No.2 and both were in
conscious possession of contraband. Matter pertains to commercial quantity and bar of Section 37 of NDPS Act has to be looked into before
entertaining the bail application.
I have considered the contentions.
At this stage, the Court cannot come to the conclusion that petitioners are innocent and that they will not repeat the offence while on bail. Both the
petitioners were present in the truck when the truck was stopped and searched and the recovered contraband is much above commercial quantity.
Considering the above, I am not inclined to allow the bail application.
Criminal Miscellaneous Bail Application is accordingly rejected.