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KULDEEP MATHUR
Vinod Kumar – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Kuldeep Mathur, J. - This 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.304/2020, Police Station Bap, District Jodhpur, for the offences punishable under Sections 8/22 & 29 of the NDPS Act.
2. According to the prosecution, contraband of 34 boxes containing 20,400 Tramadol Hydrochloride 100mg tablets were recovered from co-accused Joginder Singh by the SHO, P.S. Baap on 10.12.2020 during nakabandi, being transported in Bus No. RJ-19 PB-6767. Joginder Singh in his information under Section 27 of the Indian Evidence Act stated that he got the contraband from Vikas and Gordhan. Thereupon, Vikas s/o Shankar Lal, in his disclosure statement under Section 27 of the Indian Evidence Act stated that the petitioner through his mobile no. 7665076311 called him at his mobile no. 9579013982 stating that his old buyer, Joginder Singh (mobile no. 7347299660) will be coming to Phalodi to purchase the contraband. Vikas s/o Shankar Lal and Madan alias Kaju s/o Omprakash, on being asked by the present petitioner made WhatsApp calls for arranging the contraband from Mangi Lal s/o Kanwar Lal and sold/handed the s
The central legal point established in the judgment is the application of Section 37 of the NDPS Act in deciding bail applications and the assessment of evidence against the accused.
The court reinforced that under the NDPS Act, the burden lies on the accused to demonstrate a lack of guilt for bail eligibility, particularly in serious drug offenses.
The court ruled that the petitioners were not in conscious possession of contraband and satisfied the conditions for bail under the NDPS Act.
The main legal point established in the judgment is that bail can be granted under Section 439 Cr.P.C. when the petitioner's direct involvement is not established, and there is a lack of evidence sho....
The court emphasized that under Section 37 of the NDPS Act, bail cannot be granted unless the twin conditions are satisfied, especially in cases involving large quantities of contraband.
The court granted bail under Section 439 Cr.P.C. based on the release of a co-accused and absence of apprehension of the petitioner fleeing justice.
Bail should be granted when there is no direct or circumstantial evidence against the accused, despite initial implicating statements that have been retracted.
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