Devi Lal vs Union Of India - 2022 Supreme(Raj) 2375

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Raj) 2375

VIJAY BISHNOI
Devi Lal – Appellant
Versus
Union Of India – Respondent

Advocates appeared:
Anand Purohit, Sr. Advocate assisted by Kailash Khilery, Advocates., for the Appellant
M.R. Pareek, Spl. PP., for the Respondents

JUDGMENT

Vijay Bishnoi, J. - The petitioner has been arrested in FIR No. 04/2019 of Police Station NCB, Jodhpur for the offence under Section 8/29 of the NDPS Act. He has preferred this second bail application under Section 439 Cr.P.C.

2. Learned counsel for the petitioner has submitted that as per the prosecution story, 6.400 kgs of opium have been recovered from the possession of the petitioner on 10.3.2019 by a team of the Narcotic Contral Bureau, Jodhpur (for short 'the NCB'). Learned counsel has submitted that in the complaint, the prosecution has alleged that on an information, the NCB has raided the premises, in which, the petitioner was found sitting in a shop and 6.400 kgs of opium were recovered from his possession. Learned counsel for the petitioner has submitted that the allegation levelled against the petitioner of possessing opium more than commercial quantity is absolutely false. It is argued that the NCB has failed to verify that the permises, where the alleged raid was conducted, belongs to the petitioner or he is the owner of the said premises. It is also submitted that as a matter of fact, as per the prosecution story, 6.400 kgs of opium were recovered from a metal

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