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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
BAGDARAM @ BAGADARAM@ BAGDURAM – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
1. This second application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.168/2018 registered at Police Station Raipur, Dist. Pali, for the offences under Sections 8/15 and 25 of NDPS Act.
2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
3. Learned counsel for the petitioner submitted that as per the prosecution, on 14.07.2018, SHO P.S. Raipur during nakabandi near Police Station Barr flagged down one truck bearing registration No.RJ-19-GA-6830. The driver of the truck on seeing the police personnels accelerated the speed of the truck, however, when the truck was chased by the police personnels, he fled away from the spot, abandoning the vehicle. The police team of PS Raipur after following the procedure provided under the NDPS Act has recovered contraband (poppy husk/straw) weighing 486.700 kgs. from 34 sacks from the offending vehicle.
4. Learned counsel submitted that after about 4 years of the alleged incident, the Investigating Agency arrested him in the present case when at the time of alleged incident he was in custody at Central Jai
Prolonged detention without direct evidence infringes the right to freedom and speedy trial, justifying bail under Section 439 Cr.P.C. and Section 37 NDPS Act.
The court granted bail on the grounds of insufficient evidence linking the petitioner to the contraband and absence of criminal antecedents.
Bail should be granted when there is no direct or circumstantial evidence against the accused, despite initial implicating statements that have been retracted.
The stringent conditions under Section 37 of the NDPS Act must be satisfied for granting bail, particularly in cases involving serious narcotic offences.
Bail under NDPS Act requires stringent conditions; the court must find reasonable grounds for believing the accused is not guilty and unlikely to commit further offences.
The court granted bail due to lack of direct evidence against the petitioner and absence of criminal antecedents, emphasizing the presumption of innocence.
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.
Extended judicial custody without trial and lack of evidence of possession justify bail under Section 439 Cr.P.C.
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....
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