- (1.) The petitioner has filed this bail application under Section 439 Cr.P.C. in connection with FIR No.35/2020 registered at Police Station Deeg, District Bharatpur for the offence under Section 8 / 20 of the NDPS Act.
(2.) Heard learned counsel for the accused-petitioner and learned Public Prosecutor appearing for the State and carefully scanned the relevant material made available on record.
(3.) Learned counsel for accused-petitioner has relied on the judgment of the Supreme Court in the case of Om Prakash @ Baba Vs. State of Rajasthan, reported in 2009 (10) SCC 632 to submit that the petitioner cannot be said to be having conscious possession of the contraband which is actually recovered from house of the co-accused Bhanwar Singh.;