AI Structured Summary
Not yet generated for this judgment
Judgment
Heard learned counsel for the petitioner and learned Public
Prosecutor. Perused the material available on record.
The present bail application has been filed under Section 439
Cr.P.C. on behalf of the petitioner, who is in custody in connection
with F.I.R. No.212/2010, Police Station Kotdi, District Bhilwara for
the offence under Section 8 / 15 of NDPS Act.
The petitioner was admittedly not arrested with the
contraband poppy straw. On going through the charge-sheet, it is
evident that the petitioner has been charge-sheeted solely on the
basis of the information supplied by co-accused to the
Investigating Officer under Section 27 of the Evidence Act. The
admissibility of such information is questionable. In this
background, this Court is of the opinion that the restriction
contained in Section 37 of the NDPS Act does not operate against
the petitioner and he deserves to be released on bail.
Consequently, the bail application is allowed. It is ordered
that the accused-petitioner, Mangi Lal arrested in connection with
F.I.R. No.212/2010, Police Station Kotdi, District Bhilwara shall be
released on bail; provided he furnishes a personal bond of
Rs.2,00,000/- and two surety bonds of Rs.1,00,000/- each to the
satisfaction of the learned trial court with the stipulation to appear
before that Court on all dates of hearing and as and when called
upon to do so.