GOVERDHAN RAM NEPHE Vs. STATE

JUDGEMENT

(1.) These applications for bail under Sec. 439 CrPC have been filed by petitioners who were arrested in connection with FIR No.262/2021 registered at Police Station Pachpadra, District District Barmer, for offence under Ss. 457, 380, 120B IPC read with Sec. 8/15 of the NDPS Act and Sec. 3 of PDPP Act. Since all the three bail applications are emanating from the same FIR (No.62/2021), with the consent of the parties, they are being decided by this common order.

(2.) The matter has a chequered history. In order to unfold layers of the present case, this Court is required to date back to two other cases, in FIR No.106/2019 and 177/2019 lodged on 4/6/2019 and 23/8/2019 respectively at Pachpadra Police Station, both for offence under Sec. 8/15 of the NDPS Act. In said cases, 10 quintal of Poppy Husk was recovered cumulatively and was kept in the storage house of the Pachpadra Police Station. Accordingly, the said contraband was lying in the storage house since it was recovered.

(3.) Eventually, the charge of the storage house of the Police Station Pachpadra was handed over by one Head Constable to the other Head Constable. While taking the charge, the taking over Head Constable in the course of checking the stored items, found that the bags containing 10 quintal of Poppy Husk, recovered in the aforesaid cases, were missing from the storage house. On the same day i.e. on 23/4/2021, this finding of theft from the storage house was mentioned as report No.20 in the Roznamcha of the Police Station Pachpadra, however, no separate case was registered in this regard.