The High Court of Rajasthan rejected bail applications of two accused alleged to be transporting opium as secret NCB information specifically named them and a huge quantity of narcotics was recovered, distinguishing them from co-accused not named in intelligence. Bail dismissed.
Bail applications dismissed. Petitioners not enlarged on bail.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 15435/2022
Poonama Ram S/o Kana Ram, Aged About 47 Years, R/o Degaon Tehsil Raniwara Dist. Jalore (Lodged In Sub Jail Bhinmal)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 4977/2023 Phool Chand S/o Bhagwati Lal, Aged About 40 Years, Vill. Post Parsoli, Teh. Badi Sadri, Dist. Chittorgarh. (At Present Lodged In Dist. Jail, Chittorgarh).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Kishan Lal Vishnoi Mr. Birbal Ram Bishnoi For Respondent(s) : Mr. B. R. Bishnoi
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order
25/05/2023
Heard.
As per the prosecution story, 28.210 kgs of opium have been recovered from an Alto Car bearing registration No.RJ-27-CD1332, which was driven by one Sohan Lal while one lady & a child were sitting therein. Just before recovery of narcotic contraband, the police has also stopped another car bearing registration No.RJ-
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20-CC-2878, wherein three persons, namely, Omprakash Sharma, Sohanlal and the present petitioner - Phoolchand were sitting.
The prosecution has alleged that the persons sitting in car No.RJ-20-CC-2878 were escorting the car, from which, the narcotic contraband was recovered. As per the prosecution, the said narcotic contraband was to be supplied to the petitioner – Poonama Ram.
Learned counsel for the petitioner – Poonama Ram has submitted that the Investigating Officer, in his court statement, has submitted that no recovery has been affected from the petitioner – Poonama Ram and the other persons detained while escorting the vehicle. It is also submitted that the persons from which the narcotic contraband was recovered have also not named the petitioner – Poonama Ram. It is also submitted that the petitioner – Poonama Ram is in custody since 10.07.2019, however, trial against him has not been concluded till date. It is also submitted that two co-accused persons namely Manaram and Bhagirath have already been enlarged on bail.
Learned counsel for the petitioner – Phool Chand has submitted that from the complaint filed by the NCB, it can be gathered that no recovery has been affected from him. It is also submitted that the allegation of escorting another vehicle is also false.
Heard learned counsel for the parties and perused the material available on record.
In the complaint filed by the NCB, it is clearly mentioned that a secret information was received by the official of the NCB disclosing that three persons, namely, Omprakash, Phool Chand
[CRLMB-15435/2022]
(3 of 3)
and Sohanlal may transport 25-30 kgs of opium from Udaipur to Bhinmal. It is also mentioned in the complaint that the said narcotic contraband was to be supplied to the petitioner – Poonama Ram. As per the said information, when two cars were intercepted, the NCB officials have recovered huge quantity of opium weighing 28.210 kgs from the possession of other coaccused persons.
Since the NCB is in receipt of secret information regarding transportation of huge quantity of narcotic contraband and in the said information, the petitioners were specifically named, this Court does not find any case to enlarge the petitioners on bail.
So far as the other co-accused persons, namely, Manaram and Bhagirath, who have been enlarged on bail are concerned, their case is distinguishable from the case of the petitioners because their names were not figured in the secret information received by the NCB and no recovery of narcotic contraband has been affected from them.
In view of the above, I am not inclined to enlarge the petitioners on bail.
Hence, the instant bail applications are dismissed.
(VIJAY BISHNOI),J
27-AjaySingh/-
2 issues framed by the court
Whether the petitioners should be enlarged on bail when secret information named them as transports and they were specifically named in the intelligence leading to recovery of narcotics.
Whether the bail of co-accused persons who were not named in secret information and from whom no contraband was recovered is distinguishable from the present petitioners.
POONAMA RAM
PHOOL CHAND
STATE OF RAJASTHAN
VIJAY BISHNOI
As recorded by the court registry
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