Rajasthan High Court - Jodhpur
Babu Lal vs State on 9 April, 2021
Bench: Sandeep Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 4500/2021
Babu Lal S/o Likhma Ram, Aged About 27 Years, By Caste Jat,
R/o Chadi Police Thana Ramsar, District Barmer. (At Present
Lodged In Sub Jail Balotra).
----Petitioner
Versus
State, Through P.P.
----Respondent
For Petitioner(s) : Mr. Jitendra Ojha
For Respondent(s) : Mr. A.R. Choudhary, PP
HON'BLE MR. JUSTICE SANDEEP MEHTA
Judgment
09/04/2021
The instant bail application has been filed under Section 439
Cr.P.C. on behalf of the petitioner, who is in custody in relation to
FIR No.02/2020, Police Station Samdari, District Barmer for
offences under Sections 8/15 & 25 of the NDPS Act.
Heard learned counsel for the petitioner and learned Public
Prosecutor and perused the material available on record.
Contraband poppy-straw weighing 55 Kgs. was found
concealed in an abandoned vehicle (No.GJ 27 X 0354) and was
seized by the police officials of Police Station Samdari on
09.01.2020. It is alleged that when investigation of the case was
undertaken, the ownership documents of the car were collected.
The owner of the vehicle was found to be Mansoori Manzoor Ali,
who has yet not been arrested. It is claimed that during the
course of investigation, the IO got information that the petitioner,
who was in custody in connection with the FIR No.338/2020 Police
(2 of 2) [CRLMB-4500/2021]
Station Chohtan confessed to the IO of the said case that he had
abandoned the vehicle in question. On the basis of such
confession, the custody of the petitioner was taken in this case
and thereafter he has been charge-sheeted as above.
Ex-facie, it is apparent that the confession of the accused
recorded by a police official has no evidentiary value whatsoever
as the same would be hit by Section 25 of the Evidence Act. In
this background, I am of the opinion that the conditions of Section
37 of the NDPS Act are satisfied because there appears to exist no
plausible or legal evidence so as to connect the petitioner with the
recovered contraband.
In this background and having regard to the overall facts and
circumstances of the case as available on record, this Court is
inclined to extend indulgence of bail to the accused petitioner.
Accordingly, the bail application is allowed and it is directed that
the accused-petitioner Babu Lal S/o Shri Likhma Ram arrested in
connection with the F.I.R. No.02/2020 registered at Police Station
Samdari, District Barmer shall be released on bail provided he
furnishes a personal bond of Rs.50,000/- and two surety bonds of
Rs.25,000/- each to the satisfaction of the learned trial court with
the stipulation to appear before that Court on all dates of hearing
and as and when called upon to do so.
(SANDEEP MEHTA),J
44-Sudhir Asopa/-
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