KULDEEP MATHUR
Shrawan Kumar, S/o. Ramu Ram – Appellant
Versus
State Of Rajasthan, Through PP – Respondent
ORDER :
(Kuldeep Mathur, J.)
1. This application for bail under Section 483 BNSS has been filed by the petitioner who has been arrested in connection with FIR No.46/2022 registered at Police Station Shribalaji, District Nagaur, for offences under Sections 8/15, 25 and 29 of the NDPS
2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
3. Drawing attention of the Court towards the challan papers and the statements of Investigating Officer (PW-1) and Seizure Officer (PW-3), learned counsel for the petitioner submitted that as per the prosecution the contraband (poppy husk/straw) weighing 154 kgs. was being transported in a truck bearing registration No. RJ07GB9567 by the co-accused Humka Ram. The contraband illegally transported by the co-accused Humka Ram was to be supplied to the present petitioner who is also the owner of the offending vehicle. Learned counsel further submitted that the petitioner has been falsely implicated in the present case. Learned counsel submitted that as a matter of fact the offending vehicle has already been sold by the petitioner to co-accused Hukma Ram. The contraband has not been recovered fro
The court ruled that non-compliance with Section 52A of the NDPS Act rendered the evidence inadmissible, justifying bail for the petitioner.
Bail may be granted when the petitioner is not in possession of contraband and co-accused have been released, considering judicial custody and absence of criminal antecedents.
Bail may be granted if the accused shows no knowledge of the contraband and has been in custody for a significant time, despite the seriousness of the charges.
The court granted bail due to lack of evidence against the petitioner and the lengthy trial duration, emphasizing the need for substantial grounds to question the prosecution's case.
Compliance with Section 52-A of the NDPS Act is essential for evidence validity; prolonged judicial custody without trial examination raises constitutional concerns, allowing bail despite stringent N....
The court granted bail to the petitioner, finding insufficient grounds for continued detention based on the nature of the charges and comparison with a co-accused already granted bail.
Confessional statements under Section 25 of the Indian Evidence Act are inadmissible, and lack of evidence warrants bail under 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 granted bail based on the determination that the quantity of contraband supplied was below commercial threshold and the petitioner had no prior criminal antecedents.
The absence of direct evidence against the accused and satisfaction of bail conditions under the NDPS Act justified the grant of bail.
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