RAMESHPURI 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.187/2022, registered at Police Station Phuliya Kalla, District Bhilwara for the offence punishable under Sec. 8/25 of the NDPS Act.

(2.) Learned counsel for the petitioner submitted that the petitioner has been made an accused in the present case for the offence punishable under Sec. 8/25 of NDPS Act. Learned counsel submitted that 1/9/2022, contraband (poppy husk/straw), weighing 405 kg 600gm and one pistol with live cartridges was recovered from the vehicle (Maruti Ertiga bearing registration No. RJ-06-UB-7298), driven by co-accused Surendra Goswami, when he was intercepted by the police, PS Huliyakala, District Bhilwara, at Dohariya Road, around 12:30 AM.

(3.) Learned counsel for the petitioner submitted that the petitioner is the registered owner of the offending vehicle. Learned counsel submitted that as a matter of fact, co-accused Surendra Goswami who is his close relative, purchased the aforesaid vehicle from him, through sale letter dtd. 1/8/2022, with an understanding that the formalities before RTO office will be completed shortly thereafter. Drawing attention of the court towards information provided by co-accused- Surendra Goswami under Sec. 27 of the Indian Evidence Act and interrogation note prepared by investigating agency, learned counsel for the petitioner submitted that there is not an iota of evidence to indicate that the petitioner had any knowledge that the vehicle would be used for improper purpose or transportation of narcotic contraband.