GIRISH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This 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.207/2023 registered at Police Station Arnod, District Pratapgarh for offences under Ss. 8/18, 29 of NDPS Act and Sec. 3/25 of Arms Act.

(2.) As per prosecution, the police team of Police Station Arnod, acting upon a secret information, reached Hanuman Mandir situated at Pratapgarh Road at around 12:05 PM. Around 12:45 PM, the team reached house of Kamlesh Veragi, outside the house, a car (Alto K10), having registration No.RJ-12-CA-9754 was parked, in which two persons were sitting, who on seeing the police team, stepped down from the car and started running. The two suspected persons were surrounded by the police team and nabbed. The police team interrogated them, upon which the person who was on the wheel of the car disclosed his name to be Kamlesh son of Vishnu Das, whereas the person sitting besides him disclosed his name to be Vishnu Das son of Tulsidas. The investigating agency/police team after following the provisions of NDPS act, laid a personal search of the persons and the car. Upon search being conducted, mobile phones, a diary containing details of illegal opium trade and car keys were recovered from the personal search of the accused persons and contraband (opium), weighing 2.6 kg along with a country made pistol with two live cartridges and huge amount of cash was recovered from the vehicle.

(3.) The police team was then informed by co-accused Kamlesh that his brother Shailendra, who is also a resident of Veerawali is in possession of contraband (opium) weighing about 100 grams, which he is going to show to a potential buyer, and if not apprehended in time, he might destroy the contraband. The police team then reached the place as had been disclosed by co-accused Kamlesh and were able to apprehend Shailendra from the spot from whom contraband (opium) was recovered.