MANI RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This anticipatory bail application has been filed by the petitioner Mani Ram apprehending arrest in connection with F.I.R. No. 112/2014, Police Station Nagaur Sadar, Nagaur for the offence under Section 8/15 of the NDPS Act. Facts in brief are that the SHO Nagaur received a source information on 22.4.2014 that Jetha Ram Inania and his brother Mani Ram (the present petitioner) had hidden bags of poppy straw at the hotel Nirmala located at the Sarhad Kharnal and were on the look out for loading them in the tractor trolley and disposing it off. After observing the due formalities required under the NDPS Act, the SHO reached the hotel Nirmala and saw a tractor and trolley standing in the backyard. A man was loading gunny bags onto the trolley. On seeing the police party, he tried to run away but was pursued and apprehended. He disclosed his name to be Khema Ram S/o Jagmala Ram. He was confronted with the source information and thereafter, search proceedings were initiated. A total of 5 gunny bags full of poppy straw were found loaded on the tractor trolley whereas 6 more were found in the garage annexed to the hotel. Khema Ram could not provide any permit or licence for the poppy straw. He informed the Seizure Officer that the gunny bags of poppy straw had been stored by Jetha Ram and Mani Ram in the garage for selling the same. The contraband narcotic weighting a total of 266 Kgs. was seized after following the requisite formalities. The SHO returned back to the Police Station and registered an FIR No. 112/2014 for the offence under Section 8/15 of the NDPS Act against Khema Ram, Jetha Ram and Mani Ram the present petitioner. The petitioner has now approached this Court by way of this application for anticipatory bail apprehending his arrest in the matter.

(2.) Shri Anand Purohit, learned Sr. Advocate assisted by Shri Om Prakash Sangwa, learned counsel for the petitioner vehemently contended that there is no material on the record of the case to show that the petitioner is connected with the premises, from where the contraband poppy straw was recovered. He further contended that the similarly situated co-accused Jetha Ram has already been granted anticipatory bail by this Court and therefore, the petitioner too deserves to be extended the same benefit on parity.

(3.) Per contra, learned Public Prosecutor vehemently opposed the arguments advanced by the learned counsel for the petitioner and contended that the petitioner is the joint owner of the hotel from where contraband poppy straw weighing 266 Kgs. which is well above the commercial quantity was seized. He further submitted that the Investigating Officer has already filed a charge-sheet against the petitioner showing him to be absconding and therefore, the instant application for anticipatory bail is not maintainable. Learned Public Prosecutor relied upon the judgment rendered by the Hon'ble Supreme Court in the case of Lavesh v. State (NCT of Delhi), 2012 8 SCC 730 and urged that as charge-sheet has been filed against the petitioner in his abscondence, the application preferred by the petitioner under Section 438 Cr.P.C. is not fit to be accepted.