MEGHRAJ SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The jurisdiction of this Court has been invoked by way of filing the third application under Sec. 439 Cr.P.C. at the instance of accused- petitioner. The requisite details of the matter are tabulated herein below:

(2.) His first and second bail applications being SBCRLMB Nos. 14734/2023 and 119/2024 were dismissed by this Court vide orders dtd. 6/12/2023 and 4/3/2024. While rejecting the second bail application liberty was given to the petitioner to renew the prayer after recording the statement of Seizing Officer.

(3.) Briefly stated the facts of the case are that on 29/10/2023 Devendra Singh, SHO, P.S. Marwar Junctoin, District Pali upon receiving a secret information that Meghraj Singh has stored huge quantity of liqour and contraband in the undergound of his residential house situated at Dhamli-Hingola road. On the basis of this information, the SHO alongwith his team reached at the spot and inquired Meghraj Singh. During search, 33 cartoons containing 48 quarters each of illegal liquor, 100 live cartridges marked KF; 38 cartridges of 12 bore rifle; musket guns and its barrels, 40 white plastic bags containing 180 quarters each, 12 kg poppy husk and 955 grams opium were recovered. Thereafter, after usual investigation, accused were taken into custody. The Seizing Officer took samples at the spot and marked them whereafter sent the same to the FSL for its chemical examination. A case was registered against the accused as mentioned above. It is contended on behalf of the accused-petitioner that no case for the alleged offences is made out against him and his incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accused-petitioner and he has been made an accused based on conjectures and surmises. She further submits that the accused was taken into custody on 29/10/2023 and since then she is behind the bars. She further states that the recovered contraband falls within below commercial quantity and the offence under the Excise Act and Arms Act are triable by Magistrate. Now, more than ten months have elapsed but the trial is not going to be culminated and still it seems that a further long time shall be taken in conclusion of the same, thus, he may be enlarged on bail.