JUDGMENT

Dinesh Mehta, J. - This application for bail has been filed by the applicant under section 439 of the Cr.P.C. in connection with FIR No.21/2021, Police Station Borunda, Jodhpur for the offence under section 8/15 of NDPS Act.

2. Learned counsel for the applicant argued that the applicant has been enroped for the offence under the provisions of NDPS Act on the allegations that he was driving a vehicle, which was escorting the vehicle of the main accused from whom the contraband was recovered.

3. Learned counsel invited Court’s attention towards the statements and cross examination of the Investigating Officer and submitted that neither the vehicle alleged to be escorting the main accused has been recovered or found, nor its number was known or brought on record by the Investigating Officer and the only material available against the applicant is, the statement of main accused given under section 27 of the NDPS Act.

4. Learned Public Prosecutor vehemently opposed the bail application and submitted that on the basis of the information of main accused, the applicant has rightly been framed and thus, his bail application be not allowed.

5. Learned Public Prosecutor and the Investigat