PAPPU RAM 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.216/2022, registered at Police Station Siriyari, District Pali, for offences under Ss. 8/18, 25 and 29 of the NDPS Act.

(2.) Learned counsel for the petitioner submitted that the contraband greater than the commercial quantity was not recovered from the petitioner but was recovered from co-accused Khayaliram, who was on wheel of Alto car bearing registration No.RJ-06-CE-8251. Learned counsel submitted that the petitioner has been falsely implicated in the present case solely for the reason that he is the registered owner of the offending vehicle. Learned counsel submitted that as a matter of fact, on 24/9/2022 the offending vehicle (Alto) was sold by the petitioner to co- accused Khayaliram who was found on the wheel of the offending vehicle, through an agreement to sell with an understanding that formalities before RTO office will be completed shortly thereafter.

(3.) Attention of the Court was also drawn towards the interrogation note prepared by the investigating agency to submit that Khayaliram has informed the police personnel that he had purchased the offending vehicle from the present petitioner. Learned counsel submitted that at present, there was no iota of evidence available on record indicating that the petitioner had any knowledge that the vehicle sold by him to co-accused Khayaliram was being used for improper purpose or for transportation of narcotic contraband.