Sukhram vs State
2021 Latest Caselaw 3297 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 219/2021

Sukhram S/o Unkar, Aged About 23 Years, Boinda Police Station Kanwan, District Dhar (M.p.). (At Present Lodged In Sub Jail, Rajgarh).

----Petitioner Versus State, Through P.p.

----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 8987/2020 Saleem Mohammad S/o Sh. Hayat Mohammad, Aged About 36 Years, Gudia Ps Tibbi, District Hanumangarh (Rajasthan). (At Present Lodged In Sub Jail Rajgarh, Churu).

----Petitioner Versus State, Through P.p.

                                                                ----Respondent


For Petitioner(s)        :     Mr. SK Poonia
                               Mr. RS Gill
For Respondent(s)        :     Mr. Mohd. Javed Gauri, PP



            HON'BLE MR. JUSTICE VIJAY BISHNOI

                         Judgment / Order

05/02/2021

Heard the learned counsel for the petitioners as well as the

learned Public Prosecutor and perused the material available on

record.

The petitioners have been arrested in FIR No. 76/2019 of

Police Station Rajgarh, District Churu for the offences punishable

under Sections 8/15, 25, 29 NDPS Act. They have preferred these

bail applications under Section 439 Cr.P.C.

Learned counsel for the petitioners has submitted that the

petitioners have falsely been implicated in this case. It is argued

that as per the prosecution story, 96 kgs of poppy straw have

been recovered by the police from a truck driven by co-accused

Manjinder Singh. It is also submitted that the petitioners were the

passenger in the said truck and they had no knowledge about the

fact that Manjinder Singh stored the said poppy straw in the truck

in a secret cavity. It is further submitted that the petitioners are

innocent and they are in custody since February, 2019, therefore,

they may be enlarged on bail.

Per contra, learned Public Prosecutor has vehemently

opposed the bail application and submitted that the police party

have recovered 96 kgs of poppy straw from the possession of

petitioners as well as the co-accused Manjinder Singh. It is further

submitted that recovery of the said narcotic contraband has duly

been proved by the Seizure Officer (PW-1) in his court statements.

It is submitted that in view of the provisions of Sections 35 and 54

of the NDPS Act, there is lawful presumption against the

petitioners that they were in knowledge of the fact that the truck,

in which, they were present is filled with narcotic contraband

above commercial quantity and in view of this, the petitioners are

not entitled to be enlarged on bail.

Having regard to the totality of the facts and circumstances

of the case and after going through the material available on

record including the evidence of the Seizure Officer (PW-1) and

taking into consideration the provisions of Sections 35 and 54 of

the NDPS Act, without expressing any opinion on the merits of the

case, I am not inclined to grant bail under Section 439 Cr.P.C. to

the petitioners.

Accordingly, these bail application preferred by the

petitioners under Section 439 Cr.P.C. are rejected.

(VIJAY BISHNOI),J

Surabhii/16-17-

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