SUO MOTU Vs. SHYAM LAL

JUDGEMENT

(1.) While deciding S.B. Criminal Misc. Third Bail Application No. 674 of 2002 on 5.2.2002, this Court suo motu ordered that a notice be issued to the learned counsel Mr. N.K. Rastogi who argued earlier on 7.1.2002, the Bail Application bearing S.B. Criminal Misc. Bail Application No. 79 of 2002 as to why the bail granted to the accused-Shyam Lal may not be cancelled.

(2.) The provocation to pass the said order is to the effect that during the course of argument on the bail application moved by the co-accused-Ram Gopal, it was argued that although, the weight of the recovered opium was 2 Kg. 550 gms. (commercial quantity), the accused-Shyam Lal was admitted to bail and hence, the co-accused-Ram Gopal's bail application should also be allowed. This Court found that the bail application of the accused-Shyam Lal was allowed on the premise that the opium in question, which was recovered weighed 2 Kg. 55 gms. only, (less than commercial quantity) and since it was improper and representation, hence, the order dated 5.3.2002.

(3.) I have heard the learned Public Prosecutor for the State and I find that no action is required to be taken in the instant case. The facts of the case are to the effect that on 11.2.2001, the bus No. RJ 20 P/4271 was searched and the principal accused-Sunita who was travelling with the co-accused-Ram Gopal were searched. The search of Ram Gopal yielded two tickets for travelling in the bus and the opium weighing 2 Kg. 550 grams was recovered from the person of Smt. Sunita alias Sohani Bai. According to the prosecution story, prior to her arrest, Smt. Sunita in her statement narrated that she was going with Ram Gopal to dispose of the contraband in Sonipat. According to her, on 11.7.2001, she went to the house of Ram Gopal and there, she was delivered the contraband and thereafter she was travelling with Ram Gopal when they were arrested. The prosecution story further is that Shyam Lal persuaded Smt. Sunita to accompany Ram Gopal. Further, the prosecution story is to the effect that from the statement of Ram Gopal, it was clear that the opium in question was received by Ram Gopal from Shyam Lal.