SHYAM SUNDAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

(2.) The petitioner has been arrested in FIR No. 125/2018 of Police Station Mangrop, District Bhilwara for the offences punishable under Ss. 8/15 and 25 of NDPS Act. He has preferred this bail application under Sec. 439 Cr.P.C.

(3.) Learned counsel for the petitioner has submitted that as per the prosecution story, vehicle Mahendra Bolero bearing registration No. RJ-05-UA-6822 was recovered by the police on 29/8/2018 in an abandoned condition in the jurisdiction of Police Station Mangroop, District Bhilwara. The said vehicle was damaged in an accident and the police had also recovered huge quantity of poppy straw from it. During the course of investigation, the police found that the said vehicle was driven by co-accused Dilip and Sita Ram and when the vehicle met with an accident, they ran away from the scene of crime leaving the vehicle in abandoned condition. During the course of investigation, the police found that the vehicle Mahendra Bolero bearing registration No. RJ-05-UA-6822 is registered in the name of the petitioner and on the basis of it, the police have issued a notice to the petitioner under Sec. 133 of the Motor Vehicle Act. In reply to the said notice, the petitioner had informed the police that the vehicle is registered in his name but the same was borrowed by co-accused Sita Ram on the pretext that he had to go to attend a marriage. The police without conducting any investigation for ascertaining whether the petitioner was having knowledge that coaccused Sita Ram is going to transport illegal poppy straw in his vehicle, had arrested the petitioner and filed charge-sheet against him for the offence punishable under Ss. 8/25 of NDPS Act.