- (1.) This bail application has been filed under Section 438 Cr.P.C. in connection with FIR No. 13/2021 registered at Police Station Deoli Majhi, District Kota for the offence under Section of 8/20 of NDPS Act.
(2.) Learned counsel for the petitioner has submitted that the co-accused persons namely Deepak and Mukesh from whom ganja has been recovered, have already been released on regular bail by the trial court vide order dated 28.01.2021 and 01.02.2021 respectively. The petitioner has been implicated in the present case on the basis of the statements of co-accused which had been taken during police custody. He has further submitted that Hon'ble Apex Court has decided that information u/s 67 of NDPS Act is not admissible in evidence. No recovery of any narcotic and psychotropic has been affected from the petitioner. It is further submitted that petitioner has five criminal cases but no case under the provisions of NDPS Act is pending against the petitioner.
(3.) During the course of arguments, learned counsel for the petitioner has placed reliance upon the following judgments: i. Rajasthan High Court in S.B. Criminal Misc. Bail No. 5064/2018 (Shekh Salim vs. State of Rajasthan) dated 08.05.2018. ii. Rajasthan High Court in S.B. Criminal Misc. Bail Application No. 11581/2016 (Mushtaq vs. State of Rajasthan) dated 05.01.2017. iii. Punjab-Haryan High Court in CRM-M-17449-2020 (Paramjit Singh vs State of Punjab) dated 20.08.2020. iv. Madhya Pradesh High Court in M.Cr.C No. 19134/2020 (Bharat @ Chote Soni vs The State of Madhya Pradesh) dated 25.06.2020. v. Gujrat High Court in R/CR.MA/1523/2021 (Farukh Gulambhai Kureshi vs State of Gujarat) dated 28.01.2021. vi. Calcutta High Court in C.R.M 951 of 2020 (In Re: Sekh Akkel AN @ Saddam) dated 10.02.2020. ;