KANHAIYA LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Present petition under Sec. 439 of the Code of Criminal Procedure is for grant of regular bail in case bearing FIR No. 697/2022 under Sec. 8/15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, "the Act") registered at Police Station Sangaria, District Hanumangarh.

(2.) Let me give a very brief factual backdrop to understand the entire matter in the right perspective which are that the S.H.O., Police Station Sangaria has filed a challan, along with other co accused, against the present petitioner for the offence punishable under Sec. 8/15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short "the Act") in the court. As per the prosecution story, on 26/11/2022, a police party was on routine patrol duty on Rassuwala Road. It was found that a truck having registration number RJ 06 GB 3073 is parked on the road with a pick up vehicle and a car parked next to it. Two occupants were found in the vehicle. Person, who was on the driver seat of the vehicle, disclosed his name as Mangi Lal and another occupant of the vehicle disclosed his name as Kanhaiya Lal Kir. Their body language was found suspicious on which police conducted the search of the vehicle and recovered 41 bags which contained 822 Kgs. of poppy straw.

(3.) Thereafter, the police completed all other the formalities. FIR was registered against the petitioner and the co-accused. The petitioner and the co-accused were arrested and during the course of interrogation they revealed many facts in respect of contraband recovered. According to the prosecution story, driver Mangilal Kir and helper Kanyalal Kir son of Heera Lal revealed that the recovered contraband was bought by Kanhaiyalal alias Kanha Jat son of Hardev Jat and Jagdish from a person named Labhu Banjara. Rohitash Jakhar, Ashwini Kumar and Manoj came to the spot with a pickup and a car to take delivery, who fled away on seeing the police party. As per the police, challan stands presented in the learned Trial Court.