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2023 Supreme(Raj) 120

FARJAND ALI
Prahlad S/o Shri Radheshyam Parikh – Appellant
Versus
State Of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Ramesh Purohit
For the Respondent: Mr. Abhishek Purohit

JUDGMENT :

1. The instant bail application has been filed by the petitioner Prahlad S/o Shri Radheshyam Parikh under Section 439 Cr.P.C against the order impugned dated passed by learned court below in connection with FIR No.153/2022 registered at Police Station Dhamotar, District Pratapgarh for the offences under Sections 8/22 and 29 of NDPS Act.

2. Learned counsel for the petitioner submits that a false case has been foisted against the petitioner. He has nothing to do with the alleged offences and no useful purpose would be served by keeping him behind the bars. The charge against the petitioner for his alleged act of his being the alleged future recipient of the contraband. He have been made accused on the strength of confessional statement made by the co-accused during police custody which is otherwise not admissible in evidence by virtue of Sections 25 and 26 of Indian Evidence Act. The said disclosure statement does not come within the ambit of Section 27 of Indian Evidence Act. He submits that for booking an accused for the accusation of the offence committed under Section 29 of the NDPS Act, there must be some corroborative evidence. Since nothing is there on record from whi

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