The recovery of a commercial quantity of contraband from the accused and the direct role attributed to him in the crime influenced the court's decision to dismiss the bail application.

JUDGMENT

Dr. Pushpendra Singh Bhati, J. - This criminal misc. third bail application under Section 439 Cr.P.C. has been preferred with the following prayer:

"It is, therefore, most respectfully and humbly prayed that this bail application may kindly be allowed and the petitioner may kindly be ordered to be release on bail."

2. The petitioner has been arrested in connection with FIR No.154/2020 registered at Police Station Marwar Junction, District Pali for the offences under Sections 8/15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ’the Act of 1985’).

3. The first Bail Application, being S.B. Criminal Miscellaneous Bail Application No.12108/2020, preferred on behalf of the present petitioner, was dismissed as not pressed vide order dated 06.11.2020 passed by this Court, with liberty to file a fresh bail application after filing of the charge-sheet; while the second bail application preferred on behalf of the present petitioner, being S.B. Criminal Miscellaneous Second Bail Application No. 2799/2021 was dismissed, as withdrawn at that stage, vide order dated 20.01.2022 passed by this Court.

4. Brief facts of this case, as placed before this Court by learned counsel for the petitioner, are that on 17.06.2020, Shri Gopal Vishnoi, S.H.O. Marwar Police Station, District Pali received an information regarding certain contraband, and on the same day, the said S.H.O., along with a police team blocked the road at the border of Panchetiya; and at about 6:10 p.m., a vehicle bearing registration no. GJ-02-BD-6179 broke the blockade, whilst being driven towards Banta; whereupon the police team chased the said vehicle, and for the purpose of avoiding interception by the police team, the said vehicle also hit the police vehicle, but after due efforts, the police team surrounded the offending vehicle and caught its driver.

4.1 Upon being asked about the identity, the accused (driver) introduced himself as Rekhagar and the other person sitting with him in the vehicle, introduced himself as Bhimgar (present accused-petitioner). Thereafter, upon complying with the necessary provisions of law, the police team carried out the search of the said vehicle, being a ’Swift Car’ and found a total of 103 kg of poppy straw (Doda Post); the contraband was accordingly seized by the concerned police authorities. Thereafter, the accused were arrested, and the impugned FIR was registered against them.

4.2 Upon investigation, the concerned police authorities filed the charge-sheet against both the accused, whereupon the learned Court below framed charges under Sections 8/15 & 25 of the Act of 1985 against the accused. Upon commencement of trial, statements of six witnesses were recorded.

5. Learned counsel for the petitioner submitted that the accused-petitioner has been falsely implicated; on the sole premise that he was sitting alongwith the driver of the offending vehicle (Swift Car), and that the co-accused-driver has not disclosed anything which could point toward the fact that the accused-petitioner was having the knowledge of the presence of contraband in the said vehicle.

6. Learned counsel for the petitioner further submitted that the testimony of P.W.6-Gopal Vishnoi clearly reveals the contradiction in cross-examination, and the statement also shows non-compliance of the mandatory provision of law contained in Section 50 of the Act of 1985.

7. Learned counsel for the petitioner also submits that the impugned order, passed by the learned Court below, also did not make any mention about any previous criminal antecedent(s) against the accused-petitioner, pertaining to offences under the Act of 1985.

8. Learned counsel for the petitioner placed reliance on the judgment rendered by the Hon’ble Apex Court in the case of Sanjeev & Anr. Vs. State of Himachal Pradesh (Criminal Appeal No. 870 of 2016) decided on 09.03.2022; further reliance was also placed on the judgments rendered by Co-ordinate Benches of this Hon’ble Court in