MOHAMMAD KASIM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner has filed this second bail application under Sec. 439 of Cr.P.C.

(2.) F.I.R. No. 54/2020 registered at Police Station SOG, Jaipur for offence under Sec. 8/15 NDPS Act.

(3.) It is contended by counsel for the petitioner that from bare perusal of the charge-sheet, it is evident that Police has made up a false case. It is contended that as per the search and seizure memo prepared by the Police, the search was started at mid night of 1/10/2020 & 2/10/2020 at 01:00 AM and continued till 10:15 pm of 2/10/2020. As per the search and seizure memo, 143 plastic bags containing poppy husk were seized. The total weight of the contraband was 2125.32 Kgs. After drawing sample, the total weight of the contraband was 1980.778 Kgs. It is contended that after 36 days, an inventory report was prepared as per Sec. 52-A of the NDPS Act. In the inventory report, prepared by the Judicial Magistrate, the total weight of the contraband turned out to be 1205.015 Kgs. There was reduction of 775.763 Kgs and the explanation given by the Police Authorities was that the reduction in the quantity was because of rats. It is also contended that petitioner is a young boy who as per the arrest memo is shown to be of age 19 years and was found sitting in the vehicle. As per the prosecution case, he was the cleaner of the vehicle and has nothing to do with the contraband.