High Court allowed bail to the petitioner charged under the NDPS Act. The Court observed that the rigors of Section 37 NDPS Act do not operate to the petitioner's prejudice and granted bail based on the lack of direct evidence connecting him to the crime.
Petitioner released on bail on bond of Rs.1,00,000/-. and two sureties of Rs.50,000/- each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2023/RJJD/015839]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 2070/2023
Rajkumar @ Raju S/o Gopal Dhakad, Aged About 35 Years, Bangera Ghata, P.s. Kanera, Dist. Chittorgarh (Raj.). (At Present Lodged In Dist. Jail, Chittorgarh).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
| For Petitioner(s) | : Mr. Ravinder Kumar Charan. |
|---|---|
| For Respondent(s) | : Mr. Shrawan Kumar,P.P. |
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
17/05/2023
This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.84/2021 registered at Police Station Bassi, District Chittorgarh, for the offences punishable under Sections 8/15 and 8/29 of the NDPS Act.
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
Learned counsel for the petitioner submitted that the SHO, Police Station Bassi, during Naakabandi, stopped one Mahindra Pickup bearing registratoin No.RJ-09-GB-8523. The driver of the offending vehicle, however, successfully escaped from the place of incident. Learned counsel submitted that contraband (poppy husk/straw) weighing 5 Qntls. 32 Kgs. was recovered from the truck. The investigating agency during the course of investigation arrested co-accused Pappulal who, in his disclosure statement under Section
[2023/RJJD/015839]
[CRLMB-2070/2023]
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27 of the Indian Evidence Act, informed that on being asked by one Maheshwar Rai Yadav, resident of New Delhi, the recovered contraband was procured from one Raju son of Gopal Dhakar. Learned counsel further submitted that co-accused had not named present petitioner.
Drawing attention of the Court towards the charge-sheet dated 03.01.2022 filed by the investigating agency before competent criminal court, learned counsel submitted that charge-sheet does not indicate any involvement or direct/indirect connection of the petitioner with the alleged crime. Learned counsel submitted that in absence of any direct/corroborative i.e. call details/ mobile details etc., the petitioner cannot be implicated in the present case. The petitioner is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioner.
Per contra, learned Public Prosecutor has opposed the bail application and submitted that petitioner does not deserve to be enlarged on bail. However, on being inquired by the Court, he was not in position to prima facie indicate any direct/ corroborative evidence which could connect the present petitioner with the alleged crime.
In view of above, this Court is of the opinion that rigors contained in Section 37 of the NDPS Act do not operate to the prejudice of the petitioner.
Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/ demerits of the case, this Court is of the view that the bail application filed by the petitioner deserves to be accepted.
(3 of 3)
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[CRLMB-2070/2023]
It is made clear that findings recorded and observations made above are for limited purposes or adjudication of the bail application. The trial court shall not get prejudiced by the same.
Consequently, this bail application under Section 439 Cr.P.C. is
allowed. It is ordered that the accused-petitioner Rajkumar @ Raju S/o Gopal Dhakad arrested in connection with F.I.R. No.84/2021 registered at Police Station Bassi, District Chittorgarh, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.
(KULDEEP MATHUR),J
Tarun Goyal Sr. No.25
3 issues framed by the court
Whether the rigors of Section 37 of the NDPS Act apply to the petitioner in this case.
Whether the petitioner deserves bail in an NDPS case where the charge-sheet does not indicate direct involvement.
Whether the bail application deserves acceptance considering the materials on record.
3 provisions across 2 enactments
Rajkumar @ Raju S/o Gopal Dhakad
State Of Rajasthan
Kuldeep Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
