- (1.) Heard learned counsel for the petitioners as well as learned Public Prosecutor and also perused the material on record.
(2.) The petitioners have been arrested in FIR No.246/2018 of Police Station Sadar Pali, District Pali for the offences punishable under Sections 8/15 and 29 NDPS Act. They have preferred these second bail applications under Section 439 Cr.P.C.
(3.) Learned counsel for the petitioners has submitted that as per the prosecution story, huge quantity of narcotic contraband poppy straw was recovered from co-accused Sataram while he was transporting the same in a Pickup bearing No.RJ-27-GD-5969. Learned counsel for the petitioners has submitted that in the charge-sheet, the Investigating Agency has concluded that co- accused Sataram procured the said narcotic contraband as per the direction given by the petitioners and the said narcotic contraband was also to be supplied to the petitioners. It is argued that the said conclusion has been arrived at by the police on the basis of the information supplied by co-accused Satarram while in police custody. Learned counsel for the petitioners has submitted that except the said piece of evidence, no other evidence is available on record to connect the petitioners with commission of crime. It is also submitted that it is well settled that any information supplied by co-accused, while in police custody, is not admissible in evidence.;