KHUSVENDRA VALYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present 3rd bail application has been filed under Sec. 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.300/2021, Police Station Nimbahera Kotwani, District Chittorgarh, for the offences under Sec. 8/18 of NDPS Act. The second bail application of the petitioner was dismissed on 18/1/2022 by this Court. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

(2.) After rejection of the second bail application, the statement of three prosecution witnesses have been recorded before learned trial Court. Learned counsel for the petitioner submits that the petitioner is only a cab driver and the petitioner was not aware of the fact of contraband being carried in his taxi. Learned counsel further submits that while the petitioner was in deep-sleep, the passengers travelling in the car, namely, Surendra Singh has kept the contraband in the vehicle in which the petitioner was driver. Learned counsel further submits that the petitioner was not aware of the fact of contraband having been placed in his vehicle. He submits that the petitioner is a poor cab driver and has suffered incarceration for more than two and half years. He, therefore, prays that the petitioner may be enlarged on bail.

(3.) Per contra, learned public prosecutor submits that three and half kg opium has been recovered from the vehicle in which the petitioner was driver and as per the statements recorded before learned trial Court, it has come on record that at the time of interception of the vehicle, the recovery of the contraband opium has been made from the petitioner. At this stage, it cannot be presumed that the petitioner was not aware of the fact of the contraband being carried in the vehicle in which he was driver. Having regard to the totality of the facts and circumstances of the case and looking to the nature of accusation and gravity of the offence and the fact that huge quantity of contraband has been made from the vehicle of the petitioner, without expressing any opinion on the merits of the case, I am not inclined to grant third bail application under Sec. 439 Cr.P.C. to the petitioner at this stage.