ASHWANI KUMAR BHARDWAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This bail petition has been filed under Section 439, Cr.P.C. by the accused-petitioner in F.I.R. No. 228/96. P.S. Chanderia, District Chittorgarh, after similar application was dismissed by the learned Addl. District and Sessions Judge No. 1. Chittorgarh in Criminal Disc. Petition No. 563/96.

(2.) Briefly stated, the prosecution case against the present petitioner as well as his co-accused Mukesh Kumar Sharma who is, presently absconding evading his arrest right from the beginning, is that Bhanwar Singh, S.H.O. of P.S. Chanderia received an information on 10-6-1996 that Mukesh Kumar was running a Mill wherein poppy-husk was being powdered. Bhanwar Singh, accompanied by his subordinate officials as well as two motbir witnesses Nanda and Ram Singh, raided the premises situated in the village Bojunda, or the Chittorgarh-Udaipur highway road and they found that a room was being used as a Mill for preparation of the powder by milling the poppy-husk illegally in the premises that was situated just behind the warehouse godown, found to have been taken on rent by Mukesh Kumar in his own name and, in fact, the same having been taken for and on behalf of the present petitioner, powder of poppy-husk weighing 500 gms. was taken out from the machine of the Mill and, after due formalities, two packets of samples each weighing 100 gms. and the remaining lot of the contraband, were packed and sealed in three separate packets by the raiding party. All the persons incharge of the premises of the warehouse godown as well as adjacent to rooms whereat the Mill was so found, made good their escape. The Mill (machine) was also seized. Lastly, on the basis of the report of Bhanwar Singh, F.I.R. NO. 228-96 under Section 8/15 of the Narcotic Drugs and Psychotropic Substances Act, (for short 'the Act') was registered and investigation was taken up by the Dy. S.P.

(3.) The present petitioner was already arrested on 7-6-1996 in another case and he was continuing in custody had, during the course of investigation, his formal arrest was also made in this case as well. As regards Mukesh Kumar, he could not be arrested and is still absconding.