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GANESH RAM MEENA
Jeetram S/o Bhanwar Lal – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. The present bail application has been filed by the accused petitioner under section 483 of the BNSS, 2023 in connection with FIR No. 0293/2023 dated 21.12.2023 registered at Police Station Peeplu, District Tonk for the offence punishable under section 8/25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the Act of 1985’).
2. Facts of the case in nutshell are that on 31.12.2023 Mr. Jaimal Singh, Sub Inspector- SHO, Peeplu along-with police personnel were on patrolling in the night. When they reached in front of Nathdi near Maasi Nahar, one Swift Dzire Car came towards Jhirana. After seeing the patrolling party, they took the car from the main road to the Kachha way going towards Naya Village. The police team after chasing stopped the car and when asked the name then the person driving the car stated his name as Bhajanlal Kumhar S/o Hanuman Kumhar and the person who was sitting adjacent stated his name as Khushiram Jat S/o Rajaram Jat and the person who was sitting in the middle stated his name as Udairam Gurjar s/o Gordhan. During the course of search of Car bearing number RJ-26-CA-4005, on the middle seat, two plastic bags (katte) and two other plas
Ownership of a vehicle creates a presumption of knowledge regarding its use for illegal activities under the NDPS Act, impacting bail eligibility.
Possession of narcotics creates a presumption of guilt under the NDPS Act, and the accused must prove lack of conscious possession to be granted bail.
The duty of the Investigating Officer to establish the owner's knowledge or consent for the vehicle to be used in the commission of the offence under Section 25 of the NDPS Act, and the limitations o....
Point of law: Rejection of bail application - it is for the accused to satisfy the court that there are reasonable grounds to believe that accused is not guilty of the offence alleged against him and....
The presumption of conscious possession applies in drug cases, necessitating the petitioner to disprove involvement in the crime to grant bail under the NDPS Act.
The court emphasized that in narcotics cases involving commercial quantities, a presumption of conscious possession applies to all occupants of a vehicle, requiring strict adherence to Section 37 of ....
The court upheld the presumption of conscious possession under the NDPS Act, emphasizing the burden on the accused to prove otherwise, and denied bail due to the commercial quantity of narcotics invo....
The court clarified that 'conscious possession' under the NDPS Act necessitates awareness and control over the contraband, which was not proven in this case.
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