GUMAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in custody in connection with F.I.R. No.22/2011, Police Station Bhadsoda, District Chittorgarh, for the offences under Sections 8/15, 18 and 29 of the NDPS Act.

(2.) Briefly stated the facts of the case are that the Sub- Inspector Kamalchand Meena, who was posted at the Police Station Nimbahera and was allegedly holding charge of the SHO of the said Police Station, allegedly arrested an accused named Bhagirath Gurjar in relation to the FIR No.88/2011 registered at the Police Station Nimbahera for the offence under Section 8/15 of the NDPS Act. It is alleged that, Bhagirath the accused in the said FIR, gave an information to the Sub-Inspector regarding storage of poppy straw and opium at a house allegedly owned and controlled by the petitioner in the jurisdiction of Police Station Bhadsoda. The SHO thereupon noted the information in the Roznamcha.

(3.) Thereafter, allegedly acting on the directions of the superior officers, the SHO formed a raid party and took the aid of certain Constables of the Police Station Bhadsoda and thereafter recovered contraband poppy straw weighing 156 kgs and opium weighing 9 kgs from the premises located in the territory of the Police Station Bhadsoda allegedly owned and controlled by the petitioner. On the basis of the recovery, an FIR No.22/2011 was registered at the Police Station Bhadsoda for the offences under Sections 8/15, 18 of the NDPS Act at the instance of Shri Kamalchand. The petitioner was arrested and has been charge-sheeted in the case. He is in custody since 25.7.2012.