The court ruled that non-compliance with Section 52A of the NDPS Act rendered the evidence inadmissible, justifying bail for the petitioner.

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 from the conscious possession of the present petitioner. There is not an iota of evidence available on record indicating that the petitioner is even remotely connected with the alleged offences.

4. Learned counsel for the petitioner further submitted that the co-accused Hukma Ram (S.B. Criminal Misc. 3rd Bail Application No.11811/2024) who has allegedly transported the contraband in the offending vehicle has already been enlarged on bail by the co-ordinate Bench of this Court vide order dated 20.09.2024.

5. Lastly, learned counsel for the petitioner submitted that the petitioner is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioner.

6. Per contra, learned Public Prosecutor has vehemently opposed the bail application and submitted that there is sufficient direct/circumstantial evidence is available on record indicating involvement of the present petitioner in the commission of alleged crime. Learned Public Prosecutor further submitted that the petitioner is a habitual offender and looking to the seriousness of allegations levelled against the present petitioner, he does not deserve to be enlarged on bail. However, he was not in a position to refute the fact that the co-accused persons Hukma Ram and Laxman (S.B. Criminal Miscellaneous Bail Application No.8758/2024) have already been enlarged on bail.

7. Heard learned counsel for the parties and perused the material available on record.

8. The order dated 20.09.2024 passed by the co-ordinate Bench while granting bail to the co-accused Hukma Ram reads as under:-

“1. Through instant petition, applicant has come before this Court for grant of bail under Section 439 of the Cr.P.C. in connection with crime registered pursuant to First Information Report Number 46/2022 of Police Station Balaji, District Nagaur in respect of offences punishable under Sections 8/15, 8/25 and 8/29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short “NDPS Act”).

2. Earlier, applicant made an endeavor for seeking bail by way of filing bail applications which were dismissed without considering the merits of the case since, it were not pressed with liberty to file again after recording of the statements of certain witnesses and Investigating Officer/Seizure Officer. Post recording of the statements of the witnesses, this third bail application has been filed by the petitioner.

3. I have given my thoughtful consideration to the arguments advanced by learned counsel for the parties and have perused the record carefully.

4. Learned Public Prosecutor for the State has strongly objected the different submissions made by learned counsel for the applicant and submitted that 154 Kgs. of contraband Poppy-Straw recovered from the applicant