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2021 Supreme(Raj) 993

SANDEEP MEHTA
Bagta Ram – Appellant
Versus
State – Respondent


Advocates appeared:
Mr. Vishal Sharma, Advocate, for the Petitioner; Mr. Vikram Sharma, P.P, for the Respondent

JUDGMENT

1. The instant bail application under Section 439 CrPC has been preferred by the petitioner Bagta Ram s/o Hanumana Ram Saran, who is in custody in connection with the F.I.R. No.66/2019 registered at the Police Station Mangalwad, District Chittorgarh for the offence under Section 8/29 of the NDPS Act.

2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

3. The recovery of contraband poppy straw weighing 8 quintal 39 kg 400 gm was effected from an unnumbered bus, which was driven by one Prema Ram. When interrogation was made from Prema Ram, he failed to offer any explanation for being in possession of the contraband poppy straw. He also did not name any person from whom the poppy straw had been procured. During the course of investigation, the police contacted the registered owner of the bus, namely, Laxman Ram, who gave a statement that he had sold the bus in question to one Suresh Bhai and that after the transfer, all responsibility of the bus was of the said person. Later on, the matter was given a twist and the petitioner was implicated in this case with the allegation of being the person in control of the bus

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