Rajesh Kumar S/O Daulatram vs State Of Rajasthan
2021 Latest Caselaw 160 Raj/2

          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      BENCH AT JAIPUR

          S.B. Criminal Miscellaneous Bail Application No.
                                8308/2020

Rajesh Kumar S/o Daulatram, R/o Jatti Ki Bagachi Alwar Dist.
Alwar (Presently Confined At Dist. Jail Dholpur)

                                                                   ----Petitioner

                                    Versus

State Of Rajasthan, Through Pp

                                                                 ----Respondent

For Petitioner(s) : Mr. Kapil Gupta through VC For NCB : Mr. Tej Prakash Sharma through VC

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order 08/01/2021

1. Petitioner has filed this bail application under Section 439

Cr.P.C.

2. Case No.VII (IO)13/NCB/JZU/2020 was registered at Police

Station NCB, District Jodhpur for offence under Sections 8/20, 25

and 29 of NDPS Act.

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

information was received by the Narcotics Control Bureau (NCB)

that a truck carrying contraband would be coming to Badi, District

Dholpur and one Bhanwar Singh would be coming in a Swift Dzire

to take the contraband from Rambeer Singh, the truck driver. It is

also contended that contraband and cash amount were recovered

from the truck. Petitioner was hired for only driving the car, and

he did not know that he had been hired for carrying the

contraband. It is also contended that contraband was not

(2 of 2) [CRLMB-8308/2020]

recovered from the conscious possession of the petitioner and in

the information received also, petitioner was not named. Petitioner

is not having any criminal antecedents of like nature.

4. Learned counsel for the Narcotics Control Bureau (NCB) has

opposed the bail application. It is contended that in the statement

recorded under Section 67 of NDPS Act, petitioner has admitted

that he had charged more money, which goes to show that he was

aware that contraband was being transported in his vehicle.

5. In this regard, counsel for the petitioner has contended that

statement recorded under Section 67 of NDPS Act cannot be read

against the petitioner, in view of the judgment of the Apex Court.

6. I have considered the contentions.

7. Considering the contentions put forth by counsel for the

petitioner, I deem it proper to allow the bail application.

8. 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.

(PANKAJ BHANDARI),J ARTI SHARMA /3

Powered by TCPDF (www.tcpdf.org)