[2025:RJ-JD:41887]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 11162/2024 Surendra Singh S/o Chail Singh Sikh, Aged About 65 Years, R/o Dharamgadh, Thana Banud, Dist. Patiyala (Punjab).

(Presently Lodged At Dist. Jail, Chittorgarh)

----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. M.L. Bishnoi For Respondent(s) : Mr. Urja Ram Kalbi, PP HON'BLE MR. JUSTICE CHANDRA SHEKHAR SHARMA

Order

18/09/2025 The present bail application has been preferred by the petitioner under Section 483 of BNSS (Old Section 439 Cr.P.C.) in connection with FIR No.34/2021 registered at Police Station Bhadsoda, District Chittorgarh for the offence punishable under Section 8/15 of the NDPS Act.

2. Learned counsel for the petitioner argued that i) the petitioner has falsely been implicated in the matter;

ii) no contraband was recovered from the conscious possession of the petitioner;

iii) provisions of Section 42, Section 42(2) and Section 50 of the NDPS Act have not been complied with;

iv) that the statement of the Investigating Officer has not been recorded despite the lapse of two years;

v) the petitioner is a labourer and the sole breadwinner of his family;

vi) the petitioner is in judicial custody since long and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioner.

3. Per contra, learned Public Prosecutor has vehemently and fervently opposed the bail application and submitted that the alleged contraband in the present case was found to be concealed in the vehicle which was being driven by the present petitioner. Thus, it cannot be said that the contraband was not in the conscious/constructive possession of the petitioner. As such, it cannot be believed that he was not aware of illegal transportation of the said contraband. Learned Public Prosecutor further submitted that a bare perusal of the documents attached with the charge-sheet would indicate the due compliance of the procedural requirement under Section 42 of NDPS Act has been made in the present case. Learned Public Prosecutor, therefore, prayed that looking to the huge quantity of the alleged contraband recovered and seriousness of accusations levelled against the present petitioner, he does not deserves to be enlarged on bail.

4. As per the prosecution case, on the basis of prior information, the police apprehended accused-petitioner Surendra Singh on 24.03.2021 with truck No. PB-65-T-4417 and recovered 11 plastic bags containing in all 371.400 kg of Opium Poppy husk, concealed beneath plastic granule sacks, for which no valid license or permit was produced when asked. During investigation, accused-petitioner Surendra Singh disclosed that the said contraband was procured from Chamunda Hotel near Narayanpura Toll Plaza, Mangalwad and was to be delivered to the co-accused Jaswinder Singh @ Pehalwan. On the basis of the said disclosure, search and inspection of the premises was conducted. Upon completion of investigation, charge-sheet has been filed against the accused-petitioner Surendra Singh under Section 8/15 NDPS Act and against co-accused Shankarlal @ Bhaiya and Jaswinder Singh @ Pehalwan under Section 8/29 NDPS Act.

5. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

6. This Court on 06.09.2024 had called for a factual report/explanation from the concerned Presiding Officer taking into account the long curtailment of personal liberty of the accused who was taken in judicial custody in a very casual manner and the trial of the case was being prolonged without any fault of the petitioner. Pursuant thereto, the Special Judge, NDPS Cases No.02, Chittorgarh submitted the detailed report dated

11.09.2024, extract thereof reads as under:

“कि(cid:2) हस्तगत प्र(cid:2)रण में अकि(cid:13)युक्त सुरेन्द्रकिसंह (cid:2)े कि(cid:21)रुद्ध अपराध अंतग(cid:27)त धारा 8/15 एनडीपीएस एक्ट (cid:2)े