NIRMALJIT KAUR,J. - (1.) The present bail application has been filed under Section 439 Cr.P.C., 1973 The petitioner has been arrested in connection with C.R. No. D.R.I./A.Z.U./G.I.01/NDPS-01/2015, Police Station Sub Unit, Jodhpur for the offences under Sections 8/22, 25, 29 and 38 of the N.D.P.S. Act.
(2.) The recovery in the present case is 218.43 kgs. of Mephedrone from M/s Rishi Minechem Pvt. Limited, who is allegedly the manufacturer of the said contraband. The one of the co-accused, namely, Manoharlal Ainani who is stated to be the main conspirator, gave the contract to M/s Rishi Minechem for manufacture of the Mephedrone. The co-accused Monoharlal Ainani during the investigation named the present petitioner to whom he had sold almost 60 kgs. of Mephedrone of some earlier consignment. The petitioner was, accordingly, arrested in pursuance to the said statement.
(3.) Learned counsel for the respondent - U.O.I. while vehemently opposing the bail submitted as under:- (a) As per the statement of co-accused Manoharlal Ainani, he had earlier sold the consignment of Mephedrone to the present petitioner and on being asked about the value of the same, he stated that he had received Rs. 20,000/- per kilogram in cash from Jitendra Bhai Panchal i.e. present petitioner. He also gave out the contact number, on which he was in communication with the present petitioner. (b) During the scrutiny of the phone of the co-accused Manoharlal Ainani, the S.M.S. and Whatsapp Messages were found. (c) Learned counsel while developing his arguments submitted that the present petitioner could explain as to why Rs. 4 lacs were given to Manoharlal Ainani. It is further stated that even the Bank Manager through whom the present petitioner is stated to have met Manoharlal Ainani did corroborate that he knew the present petitioner. Hence, his answers were found satisfactory and therefore, for all intends and purposes, he is involved in the present case. Heard.;