Petitioner sought bail under Section 439 Cr.P.C. in an NDPS case where co-accused purchased petitioner's vehicle. Court noted absence of evidence showing petitioner's knowledge of contraband transport and granted bail with bond and sureties.
Petitioner released on bail upon furnishing a personal bond of Rs. 1,00,000/- and two sureties of Rs. 50,000/- each.
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[2023/RJJD/014276]
[CRLMB-582/2023]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 582/2023
Hanuman Ram S/o Kishna Ram Dhaka Vishnoi, Aged About 35 Years, R/o Plot No. 81 Sector No. 09-C Shop No. 21 Gandhi Dham Kuchi (Gujarat) At Present Rawali Nadi Ps Rageshwari Gas Terminal (R.g.t.) Rawali Nadi Nagar Dist. Barmer (At Present Lodged In Dist. Jail Chittorgarh)
----Petitioner
Versus
State Of Rajasthan, Through The PP
----Respondent
For Petitioner(s) : Mr. Jai Kishan Haniya. For Respondent(s) : Mr. Sumer Singh Rajpurohit, PP.
HON'BLE MR. JUSTICE KULDEEP MATHUR Order
09/05/2023
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.116/2021 registered at Police Station Shambhupura, District Chittorgarh, for offences under Sections 8/18, 8/15 and 8/25 of the NDPS Act.
Heard learned counsel for the petitioner as also the learned Public Prosecutor and perused the material available on record.
Learned counsel for the petitioner submitted that contraband opium ( afeem ) was recovered from vehicle (Tata Truck) bearing registration No.GJ-12-BT-4182 being driven by co-accused Amra Ram and Mohanlal, when it was intercepted by the SHO, Police Station Shambhupura. Learned counsel submitted that the coaccused Amra Ram in his statement, informed the investigating
[2023/RJJD/014276]
[CRLMB-582/2023]
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agency that he has purchased aforesaid vehicle from his elder brother Hanumana Ram i.e. present petitioner. Learned counsel submitted that since the offending vehicle was handed over by the present petitioner to his younger brother, the formalities before RTO for transfer of the vehicle in the name of co-accused could not be completed. Lastly, learned counsel submitted that as a matter of fact, at the time when the offending truck was seized by the SHO, Police Station Shambhupura, the petitioner was already in custody in connection with FIR No.527/2019 for the offences punishable under Sections 8/15 and 8/29 of the NDPS Act. Learned counsel submitted that there is no evidence available on record which indicates that the petitioner had any knowledge that the vehicle would be used for improper purpose or transportation of narcotic contraband by the co-accused Amra Ram. The petitioner is in judicial custody and the trial of the case will take sufficiently long time, therefore. On these grounds, learned counsel implored the Court to enlarge the petitioner on bail.
Per contra, learned Public Prosecutor has opposed the bail application.
In the prima facie opinion of this Court, an offence under Section 25 of the NDPS Act would not be made out in the cases where there is no evidence indicating that the registered owner of the vehicle had knowingly permitted the use of the vehicle for transportation of contraband. It is not in dispute that in the present case, at the time when the offending truck was seized by the seizure officer, the petitioner was already facing incarceration
[CRLMB-582/2023]
[2023/RJJD/014276]
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in connection with FIR No.527/2019 for the offences punishable under Section 8/15 and 29 of the NDPS Act.
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 opinion that the bail application filed by the petitioner deserves to be accepted.
Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Hanuman Ram S/o Kishna Ram Dhaka Vishnoi arrested in connection with F.I.R. No.116/2021 registered at Police Station Shambhupura, 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
52-Tikam/-
2 issues framed by the court
Whether bail can be granted to the accused in an offence under Section 25 of the NDPS Act where the vehicle was in the possession of co-accused.
Whether lack of evidence indicating knowledge of unlawful use of vehicle precludes conviction under Section 25 of the NDPS Act.
2 provisions across 2 enactments
Hanuman Ram S/o Kishna Ram Dhaka Vishnoi
State Of Rajasthan
Kuldeep Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
