Amandeep vs State Of Rajasthan

Heard the learned counsel for the petitioner as well as the learned Public Prosecutor and perused the material available on record.

The petitioner has been arrested in FIR No.123/2019 of Police Station Jaisalmer Kotwali, District Jaisalmer for the offences punishable under Sections 8/18 of NDPS Act. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. It is argued that the co-accused Rampal is a diploma holder in ayurvedic medicines and he is running a shop in Karnal, Haryana. He along with the petitioner went to Jaisalmer for supplying ayurvedic medicines at various places, where the police apprehended them and recovered the ayurvedic medicines. It is the case of prosecution that when those ayurvedic medicines were tested by UN Kit, colour of the same was changed and prima facie it is proved that medicines contain some narcotic substance in it.

It is argued that the police have not collected samples from each packet in which the ayurvedic medicines were filled in. It is also submitted that as a matter of fact the petitioner accompanied the co-accused Rampal as his driver and he was not aware about the fact that the ayurvedic medicines prepared by the co-accused Rampal contained narcotic substance in it. It is further submitted that from the perusal of the charge-sheet, it is clear that the police have not collected any evidence to suggest that the petitioner was aware that those ayurvedic medicines contained any narcotic substance in it. It is also submitted that the petitioner is in judicial custody since long and taking into consideration the facts and circumstances of the case, he is entitled to be enlarged on bail.

Learned Public Prosecutor has vehemently opposed the bail application and submitted that the petitioner along with co-accused Rampal was apprehended by the police and huge quantity of drugs was recovered from them, after testing those ayurvedic drugs by UN Kit prima facie is found that contained narcotic substance in it and taking into consideration the fact that the petitioner is not entitled on bail.

Having regard to the totality of the facts and circumstances of the case and looking to the nature of accusation and gravity of the offence, without expressing any opinion on the merits of the case, I am not inclined to grant bail under Section 439 Cr.P.C. to the petitioner.

Accordingly, the bail application preferred by the petitioner under Section 439 Cr.P.C. is rejected.