DUNGARA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the case diary.

(2.) The instant second bail application has been filed under Sec. 439 Code Criminal Procedure The petitioner Dungara Ram S/o Raja Ram has been arrested in F.I.R. No. 94/2011 registered at Police Station Sanchore, Jalore for the offence under Sections 8/17 and 18 of the N.D.P.S. Act.

(3.) The earlier application for bail filed by the petitioner being Bail Application No. 2817/2012 was rejected by this Court on 26.4.2012 and the contention of the learned counsel for the petitioner at that stage before the Court was that the Seizure Officer has concocted the recovery and as a matter of fact he was not present when the recover was effected. It may be stated herein that the story of the prosecution is that Narayanlal, S.H.O. Sanchore acting on a prior information received by him at 4.20 on 18.3.2011 after completing the necessary formalities reached the agricultural field and the house alleged to be that of the petitioner and the S.H.O. is alleged to have entered into the house at 5.30 P.M. It is stated that the petitioner was also standing inside the house and seeing the police party threw some article which was lying near a fire place into the fire and then ran away. It is stated that when the accused was pursued, two mobile sets fell down from his pocket but the accused managed to run away. It is stated that when the substance which had allegedly been thrown in fire was recovered in a burning condition and" was separated from embers, the same was found to be opium and upon weighing, the weight thereof came to be 3Kg. 90Gms. An F.I.R. No. 94 dated 19.3.2011 was registered on the basis of the recovery and thereafter the petitioner was apprehended in this case. The petitioner's case throughout has been that a C.L.G. Meeting had taken place at the Police Station Sanchore on 18.3.2011 wherein the Seizure Officer was present all through the meeting i.e. between 4.30 P.M. to 6.00 P.M. and therefore, the recovery which has been shown effected allegedly at 5.30 P.M. on 18.3.2011 is a concocted recovery. Certain documents in relation to holding of the C.L.G. Meeting at Police Station Sanchore under the Chairmanship of the S.D.M. and in the presence of S.H.O. Police Station Sanchore were placed on record. This Court whilst rejecting the application filed by the petitioner on 26.4.2012 directed that the papers which will be supplied by the learned Public Prosecutor to the I.O. and would be taken in account by the I.O, in the report to be filed under Sec. 173(6) Code Criminal Procedure Thereafter the police submitted a charge-sheet but the relevant papers were not investigated. The petitioner thereupon preferred instant second bail application and this Court on 1.8.2012 sought an explanation from the concerned Police Officer as to why order dated 26.4.2012 of this Court was not complied with. The S.P. Jalore appeared before this Court and submitted that the concerned police inspector who did not take on record the documents as directed by this Court had been suspended. He also submitted that the enquiry as directed by this Court in its order dated 26.4.2012 was conducted and enquiry report along with ail the documents has been was placed on record after copy thereof was also supplied to the counsel for the petitioner.