HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 8780/2021 Prahlad Jat S/o Ram Lal Jat, Aged About 36 Years, R/o Melyas Ka Khera Police Station Mandal District Bhilwara (At Present Lodged In District Jail, Bhilwara)
----Petitioner Versus State, Through Pp
----Respondent For Petitioner(s) : Mr. Birbal Ram Bishnoi For Respondent(s) : Mr. Anil Joshi, PP HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA Judgment / Order 26/07/2021 Learned counsel for the petitioner submits that the contraband was placed in his house which was not in independent possession. He further submits that the same was placed without his personal information and actually Duster car was being followed and the said persons who were carrying the contraband left the said contraband in the house which was not in independent possession of the petitioner alone. The petitioner therefore, cannot be arrested for the said purpose. Learned counsel further submits that as the police officers had prior information about the drugs available at the concerned house they should have complied with the Section 42 (2) of the Act of 1985 and within 72 hours the information should be sent to the superior officials. Learned counsel submits that on the said ground bail has been granted by the co-ordinate Bench. (Downloaded on 26/07/2021 at 08:53:48 PM)
(2 of 2) [CRLMB-8780/2021] Per contra, learned Public Prosecutor opposes the bail application and points out that a huge quantity of 142.435 Kg of Poppy Straw has been recovered from the house in possession of the petitioner and he was present in the house. The contraband articles were recovered from the room in the house and it cannot be therefore, said that he was having no knowledge about the contraband lying in the house. So far as compliance of Section 42(2) is concerned, the violation, if any, is to be examined at the latest stage.
I have also looked to the order passed by the Co-ordinate Bench in S.B. Criminal Miscellaneous Bail Application No.10398/2020 : Sumerram versus State dated 09.12.2020.
In the aforesaid case, the Court was examining at this stage when the senior officer had already been examined before the concerned court and case is therefore distinguishable from the present case.
Keeping in view all the aforesaid circumstances and taking into consideration the huge quantity of Poppy Straw, I am not inclined to grant bail to the petitioner.
The bail application is accordingly dismissed.
(SANJEEV PRAKASH SHARMA),J 4/saurabh (Downloaded on 26/07/2021 at 08:53:48 PM) Powered by TCPDF (www.tcpdf.org)