Back
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
KULDEEP MATHUR
Baburam, S/o. Omaram Anjana (Patel) – Appellant
Versus
State Of Rajasthan, Through Pp – Respondent
Order :
(KULDEEP MATHUR, J.)
This second application for bail under Section 483 BNSS has been filed by the petitioner who has been arrested in connection with F.I.R. No.165/2024 registered at Police Station Nimbahera Sadar, Dist. Chittorgarh, for the offences under Sections 8/15 and 8/29 of NDPS Act.
2. Learned counsel for the petitioner submitted that the allegation against the present petitioner is that he was escorting the pick up vehicle having registration No.HR-66-B-8501, loaded with contraband (poppy husk/straw) weighing 328 Kgs 900 Gms. As per the prosecution, co-accused persons namely Bhaga Ram and Rama Ram Vishnoi who were transporting the contraband in the offending vehicle fled away from the place of incident upon seeing the police personnels.
3. Drawing attention of the Court towards the statements of the Seizure Officer- Sanjay Sharma and Investigating Officer- Ram Sumer recorded before the competent criminal Court, learned counsel submitted that the statements of the Seizure Officer and the Investigating Officer are sufficient proof of the fact that the petitioner has been made an accused in the present case solely on the basis of suspicion without there being any direct
The absence of direct evidence against the accused and lack of criminal antecedents justified the granting of bail under the NDPS Act.
The court granted bail based on insufficient evidence against the petitioner and the principle of parity with a co-accused already released on bail.
Bail may be granted under the NDPS Act when the accused is not in direct possession of contraband and meets the twin conditions for bail.
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.
Bail granted due to lack of direct evidence against the petitioner and fulfillment of conditions under the NDPS Act.
The court ruled that the petitioners were not in conscious possession of contraband and satisfied the conditions for bail under the NDPS Act.
The principle of parity in bail decisions applies when co-accused are granted bail, especially when no contraband is recovered from the petitioner.
Bail may be granted when the accused is not in direct possession of contraband and there is no evidence of reoffending.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
