Hansaraj S/O (Late) Shri Nathuram vs State Of Rajasthan
2021 Latest Caselaw 1782 Raj/2

          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      BENCH AT JAIPUR

          S.B. Criminal Miscellaneous Bail Application No.
                               15864/2020

Hansaraj S/o (Late) Shri Nathuram, Aged About 28 Years, R/o
Gram Thikariya Ps Thoi Dist. Sikar Raj. (Presently In Dist. Sub
Jail At Nem Ka Thana Dist. Sikar Raj.)
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent

For Petitioner(s) : Mr. Arvind Sharma with Ms. Mamta Agarwal For Respondent(s) : Mr. Sher Singh Mahla, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

17/02/2021

1. Petitioner has filed this bail application under Section 439

Cr.P.C.

2. F.I.R. No.12/2020 was registered at Police Station S.O.G.

Jaipur, District Jaipur for offence under Sections 8 & 15 of NDPS

Act.

3. It is contended by counsel for the petitioner that petitioner is

a labourer, who was working in a brick Udhyog. He alongwith

other labourers was hired for loading the bags. It is also

contended that petitioner is not having any criminal antecedents.

He was not aware that the bags, which were being loaded were

containing any contraband. It is further contended that from the

F.I.R., it is revealed that petitioner was neither the owner of the

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contraband nor he was the landlord or tenant of the premises.

4. Learned Public Prosecutor has opposed the bail application.

It is contended that the recovered contraband is commercial

quantity.

5. I have considered the contentions.

6. Section 37 of NDPS Act bars release of person on bail,

however, on the record which is available, it is evident that

petitioner was the labourer who was working in the nearby field.

He was hired for loading the bags on truck. He was neither the

owner nor was in conscious possession of the contraband, hence, I

deem it proper to allow the bail application.

7. This bail application is, accordingly, allowed and it is directed

that accused-petitioner shall be released on bail provided he

furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees

One Lac only) together with two sureties in the sum of

Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction

of the trial Court with the stipulation that he shall appear before

that Court and any Court to which the matter be transferred, on

all subsequent dates of hearing and as and when called upon to do

so.

8. However, it is made clear that if the petitioner repeats the

offence, State would be free to move application for cancellation

of bail before the concerned Court.

(PANKAJ BHANDARI),J

ARTI SHARMA /16

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