MAHAVIR PRASAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE five criminal misc. petitions lend themselves support to dispose off by a common order, having been filed by three petitioners, namely Mahavir Prasad, Mohd. Nasir s/o Mohd. Hussain & Mohd. Nasir s/o Haji Abbas in different sets seeking relief for grant of bail and quashing criminal proceedings in cr. case No. 140/80 arising out of F. I. R. No. 7/89 of police station Karanpur.

(2.) BRIEF facts giving rise to these petitions are that on 17th January, 1989 at about 9 P. M. the Superintendent of Police, Sri Ganganagar, gave a written direction to the Assistant Superintendent of Police (Circle Officer), Sri Karanpur informing that near at about indo-Pak border village Bhutiwala 24-0, a large consignment of heroin apart from gold is likely to be smuggled in India. The police party is alleged to have accordingly made arrangements so as to keep strict reconnaissance on the border; and at about 11 P. M the Police parly laid by Dalpat Singh Dinkar Assistant Superintendent of Police (Circle Officer), Sri Karanpur accosted six persons near village Bhutiwala 24-0 coming from the canal side. These six persons are alleged to have been carrying packets with them. Incharge of one of the party, Shri Khinv Singh accosted them and challenged to stop, with the result, those persons tried to run away after throwing their packets. Four persons are said to have been trying to be successful so as to escape, yet* two persons were over-powered - one of them disclosed his name as Daljit Singh and other person named himself to be Hardayal Singh s/o Chanan Singh who subsequently is also transpired operated under the false name of Pradeep Kumar, On the personal search of Hardayal Singh alias Pradeep Kumar 15 packets of heroin and 125 gold biscuits were found on his person in a bag and bandolian; and similarly on Daljit Singh's search 10 packets of heroin and 125 gold biscuits were found on his person in the bag and bandolian. Four persons who ran away are alleged to have left three bags containing 15 packets each and one bag containing 13 packets of heroin. All these goods were, taken into possession. Then, F. I. R. No. 7/89 was chalked out. After arrest of the afore-named two persons, a message was sent by the Border Security Force and Rajasthan Police, Sri Karanpur to the Deputy Collector (Preventive), Jaipur who in his turn passed the information to the Narcotics Control Bureau Delhi Zonal Unit, to the effect that the B. S. F. & Rajasthan Police has seized 250 gold biscuits & 103 Kg of heroin at Sri Karanpur on 17. 1. 1989.

(3.) BEFORE going into merits of the case, I would like to mention that after filing of the challan, the Magistrate before whom it was filed is yet to decide as to whether th case is to be committed in the Court of Sessions under Section 209, Cr. P. C, In case, the Magistrate so decides then the case is to be committed to the Court of Sessions and die Sessions Court to whom the case is to be committee), shall consider as to whether any charge is to be framed against the accused -petitioners or they are to be discharged under Section 227, Cr. P. C. In case the Sessions Court decides that the charge is to be framed then after framing of the charge, the Sessions Judge shall record the plea of the petitioners and in case the accused petitioners do rot plead guilty the?) the evidence of the prosecution is to be recorded and after concluding the trial and hearing the parties, the Sessions Judge may either acquit or convict the accused.