1 S.B.Cr.Misc. IInd Bail Application No.53/2008 (Achala Ram Vs. State of Rajasthan) Date of Order : February 22, 2008 HON'BLE MR. H.R.PANWAR, J. Mr.Bharat Devasi, for the petitioner. Mr.J.P.S.Choudhary, P.P. for the State. Heard learned counsel for the petitioner and the Public Prosecutor for the State. Perused the challan papers. It is contended by the learned counsel for the petitioner that the petitioner was driver of the jeep, which was to-chaining a vehicle Tata Sumo bearing No.GE-8F-1498. It is alleged that in the said vehicle, 15 gunny bags containing contraband poppy straw weighing 327 kgs. alleged to have been found, which is commercial quantity. Learned counsel for the petitioner submits that Motbirs of recovery have been turned hostile. Be that as it may, seizure officer has not yet been examined. Mere because the Motrbirs have turned hostile, it cannot be concluded that the petitioner is not involved in the commission of crime. In view of section 37 of the N.D.P.S. Act, in my view, it is not a fit case to grant bail to the petitioner. 2 The bail application filed by the petitioner under section 439 Cr.P.C. is, therefore, dismissed. [H.R.PANWAR],J. m.asif/-