MOHIT NAGPAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This second 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.95/2022 registered at Police Station Kotwali, Dist. Sri Ganganagar, for the offences under Ss. 8/22 and 8/29 of the NDPS Act. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

(2.) Learned counsel for the petitioner submitted that as per the prosecution, on 26/2/2022, a delivery boy approached the police party to state that on 24/2/2022, a parcel has been received by him by post however, no one has claimed it. Upon conducting investigation of the whereabouts of the said parcel, it was surfaced that the said parcel was booked by the present petitioner and the co-accused under false identities and it contained illegal psychotropic substance (2,304 capsules SPAS TRANCAN PLUS). In pursuance of the same, the present FIR No. 95/2022 was lodged on 26/2/2022. Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case. Drawing attention of the Court towards the statements of the Investigating Officer- Kashyap Singh recorded before the competent criminal court on 5/4/2024 as PW-4. Learned counsel for the petitioner submitted that the Investigating Officer during his courts statements has failed to establish any link of the petitioner with the alleged commission of crime. Learned counsel submitted that the contraband was not recovered from the conscious possession of the present petitioner and that there is nothing on record to indicate that the present petitioner has played any active role in commission of alleged crime.

(3.) It was further contended that, as a matter of fact, that the petitioner has been falsely implicated solely for the reason that the co-accused person namely Gulshan Nagpal on 23/3/2022 had sent a bilty and a photocopy of the parcel allegedly containing psychotropic substance on the mobile phone of the present petitioner. Though no mobile phone bearing SIM No. 9673104315 as mentioned to belong to the receiver of the parcel has been recovered by the Investigating Agency. Lastly, learned counsel submitted that the petitioner is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioner. Per contra, learned Public Prosecutor has opposed the bail application.