1 S.B.Cr.Misc. Bail App. No. 2026/2009 (Padam Singh Vs. State of Rajasthan) Date of order : 15/04/2009 HON'BLE MR.H.R.PANWAR, J. Mr. Rajesh Vyas for the petitioner. Mr. Ashok Prajapat, Public Prosecutor. Heard learned counsel for the petitioner and public prosecutor for the State. Perused the order impugned and challan papers. It is contended by learned counsel for the petitioner that it cannot be said that the petitioner was driving the jeep which was found transporting 308 Kg. of Poppy Straw. From the perusal of the order impugned, it is clear that there was Nakabandi by the police party and jeep driver took the jeep breaking the Nakabandi and collided with other jeep bearing Registration No.RJ-T-5047 and thereafter two persons started running. The petitioner was said to be the person who was on the driver seat and other person namely Jagdish was sitting by the side of him. From the evidence available on record, it cannot be said prima-facie that the petitioner was not in possession of 308 Kg. of Poppy Straw. Keeping in view of the provisions of Section 37 of the NDPS Act, 2 in my view, it cannot be said that there is reasonable ground to say that the petitioner is not involved in the commission of offence or that he would not commit the offence if released on bail. No case for grant of bail is made out. The bail application filed by the petitioner under Section 439 Cr.P.C. is therefore, dismissed. (H.R.PANWAR),J. rp