VISHNU SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner has been arrested for offence u/s.8/20 of the NDPS Act because he was found in possession of 3 kg. of Ganja. His bail application has been rejected by learned Additional Sessions Judge, Kota vide order dated 15.11.2011, hence this bail application. Ms. Babli Bai, wife of the petitioner relying on the judgement of this Court in Babu Ram Vs. State of Rajasthan-RLR 2002 (3) page 244 and submitted that Sec. 50 of the NDPS Act was not complied with and the petitioner was not given option to be searched in the presence of Magistrate or Gazetted Office. The recovery made at his instance is false because no independent witness has been associated therewith. Petitioner has purchased the motor cycle from Car Bazar on the basis of one sale letter given by owner of the motor cycle and the registration certificate was yet to be transferred in his name. He could produce that sale letter, but since he was not having the registration certificate, this false case of NDPS has been registered against him. Even otherwise, the quantity of the Ganja that has been recovered from his instance was only 3 kg, which is far less than the commercial quantity of 20 kg. Petitioner was arrested on 2.11.2011 and since then he is in jail. Only one more case is registered against him and therefore for that reason, he could not be unduly detained, particularly when investigation is complete and he is no more required in detention for any other purpose.

(2.) The representative of Public Prosecutor opposed the bail application.

(3.) Despite three opportunities granted by this Court, the respondents are not able to produce either the challan papers or otherwise point out that petitioner has more than one criminal case registered against him. Therefore, without expressing any opinion on the merits of this case but taking into consideration all the facts and circumstances of the case, I deem it appropriate to enlarge the petitioner on bail.