Mohan Ram vs State
2021 Latest Caselaw 10469 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 7055/2021

Mohan Ram S/o Shri Momraj, Aged About 45 Years, Narain Nagar, Kanasar, District Jodhpur. (Lodged In Sub Jail, Pokaran).

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

----Respondent

For Petitioner(s) : Mr. B.Ray. Bishnoi For Respondent(s) : Mr. Anil Joshi, PP

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Order

09/07/2021

Learned counsel for the petitioner submits that the case

under Section 8/29 of the NDPS Act is not made out as it cannot

be said that he had knowingly given the vehicle to his minor son,

who was found carrying the contraband material in the tractor

trolly.

This Court finds that a huge quantity of 112 bags of Doda

Post of 11.30 KG and 200 gms. was recovered from the tractor,

which was being driven by the minor child, who is son of the

petitioner. Tractor is in the name of the petitioner.

Learned counsel has further relied upon the judgment of

Shyam Sundar Vs. State of Rajasthan passed in S.B. Criminal

Misc. Bail Application No.7839/2019 and Raju @ Rajesh Kumar

and Anr. Vs. State of Rajasthan passed in S.B. Criminal Appeal

No.688/2014 and Puran Ram Vs. State of Rajasthan passed in S.B.

Criminal Appeal No.161/2016 and submits that there was no

(2 of 2) [CRLMB-7055/2021]

consent of the petitioner to allow the tractor to be driven and

therefore, the petitioner cannot be made as liable for the offence.

I have considered the judgments rendered above and finds

that facts of the present of the case are not similar to that of the

aforesaid.

Keeping in view that for the act of minor child, the father

cannot be said to have not given his consent for driving the tractor

and since the tractor was in the ownership of the petitioner, the

material lying with the tractor trolly in the huge quantity as

noticed above, cannot be said to be only in possession of the

minor son.

Further without commenting on merits of the case and taking

into consideration the aforesaid facts, I am not inclined to release

the petitioner on bail.

The bail application is accordingly dismissed at this stage.

(SANJEEV PRAKASH SHARMA),J

18-Ns.1/-

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