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Judgment
34 paragraphs · 338 wordsHeard learned counsel for the petitioner and learned Public
Prosecutor. Perused the challan papers.
The instant bail application under Section 439 Cr.P.C. has
been preferred on behalf of the petitioner who is in custody in
connection with F.I.R. No.25/2017, registered at Police Station
Bhojasar, District Jodhpur for the offence under Sections 8 / 15 &
18 of the NDPS Act.
As per the prosecution case, contraband poppy straw
weighing 48 kgs. 500 gms. and opium milk weighing 500 grams
was recovered from a shed in the field allegedly owned and
possessed by the petitioner. As per the admitted prosecution case,
the petitioner was standing in front of the house. The shed from
which the contraband poppy straw was recovered is located at
some distance from the residential premises. As per the
jamabandi seized by the I.O., Mohan Ram and his 5 brothers are
shown to be khatedars of the khasra where the shed is located. In
this background, the argument advanced by petitioner''s counsel
that he cannot be attributed exclusive and conscious possession
over the shed from which recovery was effected is not without
merit. The recovered contraband is less than commercial quantity.
Trial is likely to consume time. The petitioner does not have any
criminal antecedents as per challan papers.
In this background and having regard to the facts and
circumstances available on record but without expressing any
opinion on the merits of the case, this Court is of the opinion that
the petitioner deserves to be released on bail.
Accordingly, the bail application under Section 439 Cr.P.C. is
allowed and it is directed that the petitioner Gokalram arrested in
connection with the F.I.R. No.25/2017, registered at Police Station
Bhojasar, District Jodhpur shall be released on bail provided he
furnishes a personal bond of Rs.50,000/- and two surety bonds of
Rs.25,000/- each to the satisfaction of the learned trial court with
the stipulation to appear before that Court on all dates of hearing
and as and when called upon to do so.