Prahlad Jat vs State
2021 Latest Caselaw 11528 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 8780/2021

Prahlad Jat S/o Ram Lal Jat, Aged About 36 Years, R/o Melyas Ka Khera Police Station Mandal District Bhilwara (At Present Lodged In District Jail, Bhilwara)

----Petitioner Versus State, Through Pp

----Respondent

For Petitioner(s) : Mr. Birbal Ram Bishnoi For Respondent(s) : Mr. Anil Joshi, PP

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Judgment / Order

26/07/2021

Learned counsel for the petitioner submits that the

contraband was placed in his house which was not in independent

possession. He further submits that the same was placed without

his personal information and actually Duster car was being

followed and the said persons who were carrying the contraband

left the said contraband in the house which was not in

independent possession of the petitioner alone. The petitioner

therefore, cannot be arrested for the said purpose. Learned

counsel further submits that as the police officers had prior

information about the drugs available at the concerned house they

should have complied with the Section 42 (2) of the Act of 1985

and within 72 hours the information should be sent to the superior

officials. Learned counsel submits that on the said ground bail has

been granted by the co-ordinate Bench.

(2 of 2) [CRLMB-8780/2021]

Per contra, learned Public Prosecutor opposes the bail

application and points out that a huge quantity of 142.435 Kg of

Poppy Straw has been recovered from the house in possession of

the petitioner and he was present in the house. The contraband

articles were recovered from the room in the house and it cannot

be therefore, said that he was having no knowledge about the

contraband lying in the house. So far as compliance of Section

42(2) is concerned, the violation, if any, is to be examined at the

latest stage.

I have also looked to the order passed by the Co-ordinate

Bench in S.B. Criminal Miscellaneous Bail Application

No.10398/2020 : Sumerram versus State dated 09.12.2020.

In the aforesaid case, the Court was examining at this stage

when the senior officer had already been examined before the

concerned court and case is therefore distinguishable from the

present case.

Keeping in view all the aforesaid circumstances and taking

into consideration the huge quantity of Poppy Straw, I am not

inclined to grant bail to the petitioner.

The bail application is accordingly dismissed.

(SANJEEV PRAKASH SHARMA),J

4/saurabh

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