KISHORE KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These applications for bail under Sec. 439 Cr.P.C. have been filed by the petitioners who have been arrested in connection with F.I.R. No.297/2021, registered at Police Station Kotwali, District Nagaur for the offences under Ss. 8/21 and 8/29 NDPS Act and 3/25 Arms Act.

(2.) The earlier applications for bail were dismissed vide orders dtd. 21/4/2022 (Second CRLMB No.3258/2022 Kishore Vs. State) and 10/9/2021 (CRLMB No.12421/2021 Gopal Vs. State).

(3.) As per prosecution story, SHO Brijendra Singh C.I., PS Kotwali, Nagaur received an information from reliable sources that the present accused- Gopal is going to sell psychotropic/narcotic substance to one of his customer in vehicle (Scorpio) bearing no. RJ-23-UB-3022. On receiving aforesaid information, by following the procedure provided under Sec. 42(1) and (2) of NDPS Act, SHO, PS Kotwali, Nagaur with his team at about 11:50 P.M. reached to the dhani (group of houses in a village) of the petitioners, where they saw two persons standing. Upon seeing the police team, the accused tried to flee in their white Scorpio. The police team, however, succeeded in nabbing both the persons, who on being interrogated disclosed their names as Gopal and Kishore petitioners herein. As per prosecution case, separate notices under Sec. 50 of the NDPS Act were served upon both the accused persons. After following the due process, the Scorpio was searched, wherefrom one plastic bag containing white powdery like substance was found which was disclosed to be 'smack'. During personal search of the present petitioners, a loaded pistol along with four live rounds was found from the pyjama worn by petitioner Gopal. That apart, from the left pocket of his pyjama, two mobile phones and one white plastic bag containing smack were also recovered. The psychotropic substance (smack) weighing 10-10 gms. was also recovered from the physical possession of each of the petitioners Kishore and Gopal, whereas 285 gms. smack was recovered from the vehicle (Scorpio). As per the prosecution, the total smack recovered from Scorpio as well as physical possession of the petitioners was 305 gms.