NIRMALJIT KAUR,J. - (1.) This is second bail application under Section 439 Cr.P.C., 1973 The petitioner has been arrested in connection with FIR No. 283/2013, Police Station Rohat, District Pali for the offence under Section 8/18 of N.D.P.S. Act.
(2.) The recovery in the present case from the co-accused is heavy. In normal circumstances, this Court would not like to release the petitioner on bail, however, the only evidence pointed out against the present petitioner is:- 1. Statement of the co-accused 2. Mobile No. 087699-87572, on which the petitioner was allegedly talking to the main accused.
(3.) In pursuance to the Order dated 09.12.2015, Mr. Devendra Singh, Investigating Officer, is present in the Court. It is admitted by him that on investigation, it was found that the Mobile No. 087699-87572 belongs to one Nimi Paliwal. He was neither arrested nor investigated and nor any enquiry was made whether the said person exists or name is forged one. No effort was made to find out the other persons to whom calls were made from Mobile No. 087699-87572 to substantiate that the SIM was being used by the present petitioner. Admittedly, even the SIM has not been recovered from the petitioner. No recovery has been affected from him. There is no other case pending against the petitioner, which satisfies the conditions of Section 37 of N.D.P.S. Act in the present case.;