BALU RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The applicant is arrested and detained in Crime (FIR) No. 161/2022 registered at Police Station Gida, District Barmer pertaining to offences punishable under Ss. 8/15, 8/25 and 8/29 of the Narcotic Drugs and Psychotropic Substances Act (For short 'the Act') and by this petition, seeks restoration of his liberty on appropriate bail-bond.

(2.) Earlier, applicant made endeavor for seeking bail by way of filing first bail application but the same was dismissed as not pressed with liberty to file fresh after recording of statement of investigating officer.

(3.) Besides other arguments in relation to defects and shortcomings during seizure, it is submitted on behalf of the petitioner that the field in question, from which the recovery was allegedly made, was not in the exclusive possession of the applicant. He wasn't even the owner of the field. It is further contended that seizure officer has admitted that before seizing the contraband, he did not get any verification done regarding the ownership rights or possession of the land; the field in question is an open place where anyone can come and go; he did not obtain any document from the Patwari or Gram Sevak regarding the ownership or possession of the land. It is further argued that petitioner has been implicated in the case only on the basis of his own statement, therefore, on the basis of such statement and recovery made from such place, liberty of petitioner cannot be curtailed. It is further submitted that petitioner is ready to abide by any condition imposed by the Court, in case he is enlarged on bail.