Basti Ram vs State Of Rajasthan
2022 Latest Caselaw 14950 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 1075/2018

Basti Ram S/o Sh. Thana Ram, Aged About 27 Years, B/c Bishnoi, R/o Rajiv Gandhi Colony Pal Link Road, Jodhpur

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Firoz Khan For Respondent(s) : Mr. Gaurav Singh, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

19/12/2022

Learned counsel for the petitioner submits that there is no

evidence even for namesake to connect the accused with the

alleged offence. He further submits that the recovery of

contraband is allegedly effected from the principle accused

Nenaram S/o Birdaram who at the time of recovery did not

disclose the name of the petitioner and not accuse the petitioner

in the information allegedly furnished by him under section 27 of

the Evidence Act, he thus, submits that to compel the accused to

face the rigor of trial, there must be some substance or legally

admissible evidence for which the person can be deprived of his

right of liberty guaranteed by the Constitution. Learned counsel

for the petitioner has placed reliance on the judgments of Hon'ble

Supreme Court in the cases of Vinod Kumar Kila Vs. CBI and

Surinder Kumar Khanna Vs. Intelligence Officer Directorate of

Revenue Intelligence.

(2 of 2) [CRLR-1075/2018]

The matter requires consideration.

Issue notice.

Learned Public Prosecutor is directed to file reply to the

revision petiton.

List the matter after four weeks.

Meanwhile, further proceedings qua the petitioner pending

before the learned Special Judge NDPS Cases, Jodhpur in Sessions

Case No.112/2014 arising out of FIR No.430/2012 registered at

Police Station Basni, District Jodhur shall remain stayed.

(FARJAND ALI),J 287-amit/-

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