SONA RAM 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.236/2022, registered at Police Station Phalodi, District Jodhpur Rural, for the offence under Ss. 8/15 and 18 of the NDPS, Act. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record. Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case. Learned counsel for the petitioner submitted that the investigation against the present petitioner has already been completed and the challan has been filed on 5/4/2024 before the competent criminal court.

(2.) Drawing attention of the Court towards the charge-sheet, learned counsel for the petitioner submitted that as per the Investigating Agency, the contraband (Poppy Husk/ Straw) weighing 4.300 Kgs. was recovered from an unnumbered motorbike belonging to the present petitioner. Learned counsel for the petitioner further submitted that the contraband allegedly recovered from the motorbike belonging to the present petitioner is below commercial quantity. It was 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 vehemently opposed the bail application and submitted that the present petitioner is a habitual offender and looking to the seriousness and accusations levelled against the present petitioner, he does not deserve to be enlarged on bail.

(3.) Having considered the rival submissions, facts and circumstances of the case and after perusing the charge-sheet filed against the present petitioner by the Investigating Agency, this Court prima facie finds that the contraband (Poppy Husk/Straw) weighing 4.300 Kgs. was recovered from an unnumbered motorbike belonging to the present petitioner. This Court also prima facie finds that the contraband (Poppy Husk/Straw) allegedly recovered in the present case is below commercial quantity. Thus, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.