[2025:RJ-JD:34743]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous 4^th Bail Application No. 6076/2025 Kumbha Ram S/o Ameda Ram, Aged About 25 Years, R/o Mangle Ki Beri, Police Station Rgt Rawalnadi, District Barmer.(Presently Lodged In District Jail Barmer)

----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. N.K. Gurjar For Respondent(s) : Mr. S.S. Rathore, Dy.G.A.

Mr. Imran Khan SI, DST Balotra the then SHO RGT, Barmer HON'BLE MR. JUSTICE FARJAND ALI

Order

05/08/2025

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:

S.No. Particulars of the Case

1. FIR Number 19/2022

2. Concerned Police Station RGT (Ravli Nadi)

3. District Barmer

4. Offences alleged in the FIR Section 8/18 of the NDPS Act

5. Offences added, if any Section 29 of the NDPS Act

6. Date of passing of impugned 13.05.2025 order

2. On 21.02.2022, Om Prakash, SHO along with his team at approximately 2:00 PM, while engaged in an unrelated investigation at Naya Kua on the outskirts, the DST In-charge received a credible telephonic tip-off from a confidential informant implicating Kumbharam in the illicit trafficking of narcotic substances. It was alleged that the accused had clandestinely concealed opium milk within a room of his residential premises located at Sarhad Mangale Ki Beri.

2.1. Acting promptly on this intelligence and adhering to due procedural formalities, law enforcement officials arrived at the scene by 3:30 PM. Upon arrival, the accused, later positively identified by Constable Pemaram, attempted to abscond in a Fortuner vehicle stationed outside the premises. The police intercepted the vehicle, compelling him to abandon it and flee on foot towards a sandy pit, ultimately evading immediate apprehension.

2.2. Subsequent search operations, conducted in strict compliance with statutory mandates, yielded the recovery of five sealed plastic bags containing the contraband. On inspection via sensory evaluation and chemical testing, the substance was conclusively identified as opium milk. The accused failed to produce any lawful authorization for possession. The aggregate weight of the seized contraband, inclusive of packaging, was recorded at 5.700 kilograms.

2.3. The opium milk was seized, and upon return to the police station, a formal case was instituted. Following thorough investigation, a charge sheet was submitted against Kumbharam under Sections 8/18 of the NDPS Act. Additionally, charges under Sections 8, 18, and 29 of the NDPS Act read with Section 299 CrPC were framed against the absconding co-accused Kundan Singh @ Kundan Rana. He was arrested on 10.10.2023 since then he is behind the bars. His first, second and third application being SBCRLMB Nos.2017/2024, 12532/2024 & 15927/2024 were dismissed by this Court vide orders dated 20.03.2024, 06.11.2024 & 17.12.2024 respectively. While rejecting the third bail application, he was given liberty to renew the prayer for bail after recording the statement of Pemaram, Constable, now he has been examined. 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.

6. The prosecution case, as delineated in the statements of the investigating officers, reveals that the police par