Rajasthan High Court - Jodhpur
Madhulal vs Union Of India ... on 11 May, 2023
Bench: Kuldeep Mathur
[2023/RJJD/014740] (1 of 3) [CRLMB-837/2023]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous 2nd Bail Application No. 837/2023
Madhulal S/o Lehru Lal Jat, Aged About 43 Years, R/o Dhanglo
Ka Kheda, Thana And Teh. Rashmi Dist. Chittorgarh (Raj.).
(Presently Lodged In Dist. Jail, Chittorgarh).
----Petitioner
Versus
Union Of India, Through C.B.N. Kota.
----Respondent
For Petitioner(s) : Mr. Bhanwaru Ram.
For Respondent(s) : Mr. K.S. Nahar, Special PP for CBN.
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
11/05/2023
This second application for bail under Section 439 Cr.P.C. has
been filed by the petitioner who has been arrested in connection
with F.I.R. No.08/2020 registered at Police Station C.B.N., Kota,
for the offence under Section 8/18 of the NDPS Act.
Heard learned counsel for the petitioner as also the learned
Public Prosecutor and perused the material available on record.
Learned counsel for the petitioner submitted that one
Dharam Singh Meena, Inspector on receiving specific information,
raided the house of the present petitioner and recovered
contraband (opium) weighing 9 Kgs. 600 gms. Learned counsel
submitted that the petitioner has been falsely implicated in the
case. Learned counsel submitted that aforesaid search/seizure was
effected from the house which is in the joint ownership of the
present petitioner as well as his mother, who is having a valid
[2023/RJJD/014740] (2 of 3) [CRLMB-837/2023]
licence for cultivating opium issued by Government of India.
Learned counsel submitted that the contraband alleged to be
recovered, belongs to petitioner's mother who is having valid
licence for cultivating the same. It was further submitted that at
the time of search/seizure, no documents pertaining to the
ownership of the aforesaid house were procured. Lastly, learned
counsel submitted that the petitioner has been implicated in the
present case solely on the basis of his confessional statement
under Section 67 of the NDPS Act.
Placing reliance on the judgment of Hon'ble the Supreme
Court in the case of Toofan Singh vs. State of Tamil Nadu
reported in (2021)4 SCC 1, learned counsel submitted that solely
on the ground of the confessional statement, petitioner cannot be
implicated in the present case. The petitioner is in judicial custody
and the trial of the case will take sufficiently long time, therefore.
On these grounds, learned counsel implored the Court to enlarge
the petitioner on bail.
Per contra, learned Public Prosecutor has vehemently
opposed the bail application and submitted that the contraband
opium weighing 9 Kgs. 600 gms. was recovered from the house of
the petitioner and therefore, he is not entitled to be enlarged on
bail.
However, he was not in position to refute the fact that the
house from recovery was effected, is in joint ownership of the
petitioner as well as his mother, who is having a valid licence
issued by the Government of India for cultivating opium.
[2023/RJJD/014740] (3 of 3) [CRLMB-837/2023]
Having considered the rival submissions, facts and
circumstances of the case, without expressing any opinion on
merits/demerits of the case, this Court is of the opinion that
rigors contained in Section 37 of the NDPS Act are not attracted
and the petitioner deserves to indulgence of bail in the present
case.
Consequently, the second bail application under Section 439
Cr.P.C. is allowed. It is ordered that the accused-petitioner
Madhulal S/o Lehru Lal Jat arrested in connection with F.I.R.
No.08/2020 registered at Police Station C.B.N., Kota, shall be
released on bail, if not wanted in any other case, provided he
furnishes a personal bond of Rs.1,00,000/- and two sureties of
Rs.50,000/- each, to the satisfaction of learned trial court, for his
appearance before that court on each & every date of hearing and
whenever called upon to do so till completion of the trial.
(KULDEEP MATHUR),J
52-Tikam/-
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