SUO MOTO Vs. PUNARAM

JUDGEMENT

(1.) The accused respondent Punaram was granted bail by this Court vide order dated 24th September, 2015. It was urged that the accused Punaram has been implicated based on the ownership of the vehicle. He was not available on the spot when contraband of commercial quantity was recovered. It was also alleged that the vehicle was transferred to the co-accused Babulal through an agreement to sale thus lien of vehicle was not existing with Punaram at the time of occurrence.

(2.) It is stated that Punaram had purchased the vehicle under an agreement from original registered owner. The vehicle was not transferred in his name till the date of occurrence, hence, offence under Section 8/25 of the NDPS Act is not made out against him.

(3.) The co-accused Babulal has also been charge sheeted in the capacity of owner of the vehicle. The agreement to sale of vehicle to him was executed on 20th July, 2012. Taking aforesaid into consideration along with the report of the Investigating Officer showing Babulal to be owner, the bail was granted to Punaram.