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RAJENDRA PRAKASH SONI
Jassa Ram @ Jasa Ram @ Jasiya @ Jaswant @ Jasu S/o Ratna Ram – Appellant
Versus
State Of Rajasthan, Through PP – Respondent
ORDER :
Rajendra Prakash Soni, J.
1. The prayer made in this bail petition filed under Section 439 of the Code of Criminal Procedure (Section 483 of new Code) is for grant of bail in connection with crime registered pursuant to First Information Report Number 09/2022 of Police Station Sadar District Pali in respect of offence(s) punishable under Section(s) 8/15 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
2. This Court has carefully perused the record as well as considered the submissions made by learned counsels for the parties.
3. Shri Kunal Upadhyay, learned counsel representing the petitioner vehemently urged that petitioner is innocent person and a false case has been foisted against him; that entire allegations so leveled by the police against the petitioner is totally false and baseless; that nothing has been recovered from possession of the petitioner. Contrary to it, learned Public Prosecutor for the State has strongly objected the different submissions made by learned counsel for the applicant and submitted that contraband recovered from the petitioner falls within the ambit of commercial quantity and the bar as contained in Section 37 of the NDPS Act is attra
The court established that ownership of a vehicle alone does not establish culpability in drug-related offenses without direct evidence of involvement.
The court granted bail based on the absence of direct evidence against the petitioner and the lengthy trial process, emphasizing that Section 37 restrictions do not apply in this case.
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there is no direct or circumstantial evidence against the accused, despite initial implicating statements that have been retracted.
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