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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
KISHNA RAM – 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.136/2010 registered at Police Station Badi Sadri, District Chittorgarh for the offences under Sections 8/15 and 8/25 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 on 04.07.2010, SHO, P.S. Badi Sadri recovered contraband (poppy husk/straw) weighing 2445 Kgs and 500 Gms from an abandoned truck having registration No.RJ19-G-9470. The offending vehicle was registered in the name of one Shri Manaram. The registered owner of the offending vehicle Shri Manaram on 20.07.2010 informed the investigating agency that on 20.04.2009, he had sold the offending vehicle to the present petitioner through an agreement to sale in consideration of Rs.3,21,000/-.
4. Drawing attention of the Court towards the various documents and the statements of one Ghanshyam Bhai and Jayram Bhai attached with the case file, learned counsel submitted that as a matter of fact the original owner of the truck was Desai Brother Ltd., Jodhpu
The court granted bail on the grounds of insufficient evidence linking the petitioner to the contraband and absence of criminal antecedents.
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 due to lack of direct evidence against the petitioner and absence of criminal antecedents, emphasizing the presumption of innocence.
Bail should be granted when there is no direct or circumstantial evidence against the accused, despite initial implicating statements that have been retracted.
The court established that discrepancies in witness statements and the fulfillment of bail conditions under the NDPS Act can lead to the granting of bail even in serious drug-related offenses.
Bail may be granted when there is no direct evidence against the accused, especially if co-accused have been released and the trial is expected to be lengthy.
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 based on insufficient evidence linking the petitioner to the crime and lack of prior similar cases.
The stringent conditions under Section 37 of the NDPS Act must be satisfied for granting bail, particularly in cases involving serious narcotic offences.
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