The mere proximity of vehicles does not establish criminal liability without corroborated evidence linking occupants to the crime; bail should be favored pre-conviction to uphold the presumption of innocence.

ORDER :

FARJAND ALI, J.

1. The jurisdiction of this court has been invoked by way of filing an application under Section 439 CrPC at the instance of accused-petitioner. The requisite details of the matter are tabulated herein below:

2. The concise facts of the case are that as per the First Information Report, on 26.08.2023 at 11:30 A.M., a pink-coloured car (RJ19-GD- 6834) with tarpaulin-covered truck (GJ09 BF-0719) proceeding at high speed from Udaipur was intercepted. On being stopped, the occupants of the vehicles appeared visibly nervous. Shortly thereafter, the driver of a truck slowed down, identifying himself as Safi Khan, whereupon other occupants of both vehicles attempted to abscond.

2.1. On interrogation, the individual seated beside the truck driver disclosed the name of the person who fled as Sarif. The person on the driver’s seat of the car identified himself as Anwar Khan (accused/unknown); the truck driver gave his name as Safi Khan; and the person seated in the helper’s seat as Sadiq Khan. Upon noticing the police party, they panicked. A Motbiran was appointed in accordance with law and both vehicles were searched.

2.2. When questioned about the goods concealed inside the wheels of the car, no satisfactory explanation was furnished. Though no contraband was recovered from the car, it was disclosed that the car was being used as an escort vehicle for the truck. On searching the truck (RJ19-GD-6834), it was found loaded with poppy husk concealed in 15 plastic cans beneath sacks of white powder. On weighing, the contraband was found to be 3 quintals and 2 kilograms. Samples were drawn and seizure proceedings conducted in accordance with procedure.

2.3. During interrogation, the accused admitted that the contraband had been loaded by Sarif Khan from a hotel near Neemuch and that the consignment belonged to Sarif Khan, who had fled leaving his mobile phone in the truck. On these facts, FIR No. 281/2023 was registered under Sections 8 /15, 25, and 29 of the NDPS Act. His first bail application being SBCRLMB No.16313/2023 was dismissed by this Court as not pressed by this Court vide order dated 20.04.2024. Hence the instant bail application.

3. It is contended on behalf of the accused-petitioner that no case for the alleged offences is made out against him and his incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accused- petitioner and he has been made an accused based on conjectures and surmises.

4. Contrary to the submissions of learned counsel for the petitioner, learned Public Prosecutor opposes the bail application and submits that the present case is not fit for enlargement of accused on bail.

5. I have heard and considered the submissions made by both the parties and perused the material available on record.

5.1. On close scrutiny of the record, it is evident that on 26.08.2023 at 11:30 A.M., a pink-coloured car (RJ19-GD-6834) and a tarpaulin-covered truck (GJ09 BF-0719), both moving at high speed from Udaipur, were intercepted. On being stopped, the behaviour of the occupants appeared suspicious and reflected nervousness. The truck driver, identifying himself as Safi Khan, slowed down, whereupon certain occupants of both vehicles attempted to flee.

5.2. The record further indicates that during interrogation, the co- occupant sitting beside the truck driver disclosed the name of the person who escaped as Sabudin. The driver of the car identified himself as Anwar