MEHBOOB KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This second application for bail under Sec. 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.244/2022 registered at Police Station Chittorgarh Sadar, District Chittorgarh, for offence under Sec. 8/15 of the NDPS Act. Learned counsel submitted that the first bail application filed on behalf of the petitioner was dismissed by this Court vide order dtd. 18/5/2023, while granting liberty to the petitioner to file a fresh bail application after recording of the statements of Seizure Officer.

(2.) As per prosecution, police team of PS Chittorgarh Sadar, while conducting blockade (nakabandi) on 18/6/2022, at about 9:10 am, flagged down a white coloured Bolero Pickup having registration No. RJ-22-GA-6676. As per prosecution, the petitioner was found sitting on the wheel of the offending vehicle, whereas the persons sitting besides him, namely Rashid Khan succeeded in fleeing away from the place of occurrence. During search of the offending vehicle, contraband (poppy husk/straw), contained in 18 plastic bags, weighing 350 kgs, which is greater than commercial quantity was recovered. Apart from contraband, few plastic bags containing garlic, weighing 160 kgs, were also recovered. During the course of investigation, investigating agency has also found that the petitioner is the registered owner of the offending vehicle.

(3.) Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case. Learned counsel submitted that the vehicle was hired by co-accused Rashid Khan for delivery of garlic and the petitioner had no knowledge that with plastic bags containing garlic, few plastic bags containing contraband (poppy husk/ straw) have also been mixed in the vehicle. Learned counsel further submitted that there is nothing on record indicating that the petitioner had any knowledge of contraband being transported in the vehicle by the co-accused person, who had hired the vehicle from the petitioner for the purpose of delivering garlic. To substantiate this contention, attention of the Court was drawn towards the statements of Seizure Officer (PW-1) recorded before competent criminal court on 30/6/2023, wherein during cross-examination, he stated that at the time of flagging down the vehicle, the driver of the offending vehicle stated that he is carrying plastic bags containing garlic and he has no knowledge about contraband being loaded in the vehicle. Learned counsel urged that a mobile phone of the co-accused Rashid Khan was recovered and on the analysis of the mobile phone, no incriminating material was found against the present petitioner. Learned counsel submitted that as a matter of fact, the data analysis report of the recovered mobile phone attached with challan papers is indicative of the fact that co-accused Rashid Khan was in contact with other co-accused persons and he might be involved in the illegal trade of poppy husk/straw.