RAMESH CHANDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this petition, the petitioner seeks an order from this Court, directing his release from detention, under the provisions of Sec. 439 of the Code of Criminal Procedure, 1973, as he is in custody for being suspected of having committed an offence under the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as `the Act' ).

(2.) THE facts giving rise to the application for bail stated briefly, are that on 29. 4. 2000, the Superintendent of Police, Bhilwara, on suspicion that some intoxicating substance is likely to pass through the State, ordered sealing of the roads (Nakabandi) and checking of all the trucks passing on these roads. One Truck bearing No. GJ. 7x-2648, coming from Chittorgarh, was stopped, the cabin was occupied by the driver, cleaner and one more person. THE name of the driver was Onkar, the name of the Cleaner was Gheesa Lal and the third person Ramesh Chandra was the owner of the truck. Enquiries further revealed that the truck was loaded with Doda Post. THE occupants of the truck were, therefore, given notice u/s. 50 of the Act and it was checked. THE truck contained 78 bags of Doda Post, weighing 3. 3 quintals. THE present applicant-accused was thereafter, arrested and is in custody since then.

(3.) THE minimum prescribed punishment for trafficing in opium is 10 years rigorous imprisonment. Since the punishments provided by the Act are stringent, enough provisions have also been made to protect the fundamental rights of the citizens, the provisions have been made to protect individual from atrocious exercise of powers under the Act by requiring the investigation to be done by a responsible officer by providing for search to be made in a particular manner and then, providing that persons, detained for violation of the provisions of the Act, may not normally be released on bail, except as provided by Sec. 37 of the Act. It is application of this provision of Section 37 that I am concerned with, in the present case.