CHHAGANLAL Vs. STATE

JUDGEMENT

(1.) This bail-application u/s. 439, Cr. PC., has been hotly contested by both the parties.

(2.) Petitioner Chhaganlal was travelling in a bus coming from Bhilwara to Beawar; and at Beawar Check-Post, the bus checked by Narcotics Inspector, Bhanwarlal Oza, and Chhaganlal was found carrying a rexine-bag containing some objectionable material. When the material was checked, it was found to be opium, after weighing, which was found to be 41/2 kgs. Chhaganlal was arrested, and the opium was seized. Parasmal was Conductor in that bus and Bhanwarlal was the driver; and in their presence, Chhaganlal was detected, and the opium was recovered. To this effect a 'Parcha', which is a sort of FIR, was prepared by the Inspector, Bhanwarlal Oza, and was submitted to ACJM, Beawar, on 5th Dec., 88. On these facts, Chhaganlal was arrested, and he has been in jail since 5th Dec. 88.

(3.) It was argued by the learned counsel for the petitioner that Chagganlal was detected and the search was taken in presence of Parasmal and Bhanwarlal, whose names have been mentioned in the FIR, but, this FIR (Parcha) does not bear their signatures. So, the argument was that possibility of making a false report cannot be ruled out. The persons in whose presence, the accused was found carrying opium, were very material witnesses, and their signatures should have been obtained on the FIR/Parcha, by the Inspector, who inspected the bus and found the accused Chhaganlal carrying the opium.