KALU 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.36/2022, registered at Police Station Sadar Chittorgarh, District Chittorgarh, for offences under Ss. 8/15, 8/25 and 8/29 NDPS Act.

(2.) Learned counsel for the petitioner submitted that contraband (poppy husk/straw) weighing 24 quintal 39 kg 300 grams was recovered from a Tata Truck bearing registration No.RJ-21-GA-4833 on 29/1/2022. Learned counsel submitted that co-accused Gopi Ram was apprehended on the spot while transporting the aforesaid contraband. Learned counsel submitted that co-accused Gopi Ram in his disclosure statement under Sec. 27 of the Indian Evidence Act stated that he had obtained the substance from present petitioner. Learned counsel submitted that admittedly, the contraband has not been recovered from the conscious possession of the petitioner and he had no knowledge that co-accused Gopi Ram would be transporting illegal poppy straw/poppy husk in the vehicle. Learned counsel submitted that only on the basis of the statement of the co-accused, the petitioner has been falsely implicated in this case. Lastly, it was submitted that that a co-ordinate Bench of this Court has already enlarged co-accused Dharmender S/o Radheshyam on bail vide order dtd. 22/8/2022 in Criminal Misc. Bail Application No.10775/2022, and since the case of the petitioner is not distinguishable with that of the co-accused Dharmender, he also deserves to be enlarged on bail. The petitioner is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioner.

(3.) Learned Public Prosecutor vehemently opposed the bail application. Learned Public Prosecutor submitted that the petitioner is the registered owner of Tata Truck No.RJ-21-GA-4833 from which contraband was being transported illegally. Learned Public Prosecutor further submitted that from the disclosure statement of co-accused Gopi Ram recorded under Sec. 27 of the Indian Evidence Act, it is evident that present petitioner had full knowledge of transportation of illegal contraband in the vehicle. Learned counsel further submitted that from perusal of the charge sheet submitted by the Investigating Agency before the competent competent criminal court, it is evident that the present petitioner was very much present at the time when illegal poppy straw/poppy husk was being filled in the truck and further he was in regular contact with co-accused Gopi Ram through telephonic/WhatsApp calls while the contraband was being transported. Learned Public Prosecutor lastly submitted that one more case under Sec. 3/25, 35 of Arms Act is pending against the petitioner before competent criminal court at Nagaur in connection with F.I.R. No.29/2022, registered at Police Station Sadar, District Nagaur. Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner does not deserve acceptance.