SANDEEP MEHTA,J. - (1.) Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
(2.) The present third application for bail has been filed under Section 439 Cr.P.C. on behalf of the petitioner Jagannath, who is in custody in connection with F.I.R. No. 455/2014, Police Station Pindwada, Sirohi, for the offences under Sections 8/15 and 29 of the NDPS Act and sections 420, 467, 468, 471 and 120B IPC.
(3.) Learned counsel for the petitioner submits that though the petitioner has criminal antecedents including four other cases under the NDPS Act but in none of these cases, was the petitioner apprehended while being in physical possession of the contraband. He further submits that in one of the cases registered at the PS Dungla, the petitioner has been acquitted by the competent Court after trial. In two others, he has been granted bail. He further submits that in the case at hand, the highest allegation of the prosecution is that the petitioner was escorting the Truck No. HR55.N.7314 from wherein, the contraband poppy straw was recovered. He submits that the prosecution has set up a theory that the petitioner was driving the Scorpio Vehicle No. RJ27.UA.4933 on the very same route through which, the above truck passed and thus, he was escorting the offending vehicle. He submits that as per the record collected by the Investigating Officer from the TOLL Booth concerned, entry of the truck No. HR55.N.7314 is reflected in the data of the TOLL Booth operator. However, there is no entry pertaining to the petitioner's Scorpio vehicle in the record maintained at the TOLL Booth. He urges that the case set up by the investigating agency regarding the petitioner having escorted the offending vehicle whilst transporting the contraband is false and concocted. He thus prays that the petitioner, who is in custody in this case from 10.1.2015 deserves to be released on bail as prima-facie, the restrictions contained in section 37 of the NDPS Act do not operate against the petitioner.;