Dismissed

Dhanna Ram v. State of Rajasthan

Rajasthan HC25 Feb 2022CRLMB/441/2022

Case brief

AI extract

What is this about?

The High Court dismissed the second bail application filed under Section 439 Cr.P.C. by an accused charged under the NDPS Act, holding that Section 37 of the NDPS Act strictly operates against him unless Investigating Officer statements are recorded.

What did the court decide?

Bail application dismissed without expressing an opinion on the merits or recording Investigating Officer statements.

Dhanna Ram Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc. 2^nd Bail Application No. 441/2022

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Dhanna Ram S/o Shri Sugna Ram, Aged About 32 Years, R/o Chitana, Police Station Panchu, District Bikaner (Raj.) (At Present Lodged In Central Jail, Bikaner)

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----Petitioner

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Versus

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State of Rajasthan through PP

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----Respondent

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For Petitioner(s)	: Mr.	KuldeepSharma
For Respondent(s)	: Mr.	A.R. Choudhary,PP

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HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

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Order

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25/02/2022

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The present second bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.80/2019, Police Station Mahajan, District Bikaner, registered for the offence punishable under Sections 8/15, 25 and 29 of the NDPS Act.

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Heard and considered arguments advanced by learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

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Learned counsel for the petitioner stated that first bail application (No.9408/2021) was dismissed on 23.07.2021; thereafter, charges have been framed against the petitioner; as per prosecution, alleged contraband – poppy straw , weighing 100

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(2 of 3)

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[CRLMB-441/2022]

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kgs. and 270 gms. have been recovered from the truck of the accused-petitioner; petitioner is the owner of the truck; petitioner has falsely been implicated in this case; petitioner has no knowledge about what kind of goods are transferred in the truck; petitioner is also unaware of the fact that contraband has been loaded in the truck; petitioner is behind the bars since 26.11.2021; charge-sheet has been filed; and trial will take time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the petitioner.

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Per contra learned Public Prosecutor has opposed the bail application of the accused-petitioner and stated that as per conclusion of the charge-sheet, co-accused Kamaal Kha has stated that contraband has been loaded by the owner (present accusedpetitioner) of the truck but he is unable to disclose the place from where the alleged contraband has been brought by the accusedpetitioner and recovered contraband is commercial quantity. Learned Public Prosecutor lastly stated the restrictions contained under Section 37 of the NDPS Act are clearly attracted in the present case.

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Having regard to the totality of the facts and circumstances of the case, this Court is of the opinion that the conditions of the Section 37 of the NDPS Act strictly operates against the accusedpetitioner in this case, therefore, without expressing any opinion on the merits of the case, I am not inclined to grant bail under Section 439 Cr.P.C. to the accused-petitioner before recording the statements of Investigating Officer.

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(3 of 3)

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[CRLMB-441/2022]

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Accordingly, the second application preferred by the accusedpetitioner, Dhanna Ram S/o Shri Sugna Ram, under Section 439 Cr.P.C. is dismissed.

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(DEVENDRA KACHHAWAHA),J

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29-Rashi/-

Dhanna Ram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Dhanna Ram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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