Kamal Kumar S/o Satyanarain vs State of Rajasthan

Heard learned counsel for the petitioner and learned Public

Prosecutor. Perused the material available on record.

The present bail application has been filed under Section 439

Cr.P.C. on behalf of the petitioner, who is in custody in relation to

F.I.R. No.387/2016, Police Station Jaitaran, District Pali for the

offences under Sections 8 / 15, 18 and 25 of the NDPS Act.

The petitioner is arrested in this case as being the registered

owner of Swift Desire No.RJ01 CA 7069 from which poppy straw

weighing 25 kgs. and opium weighing 3.250 kgs. were recovered.

One Ghasi Ram was found in the vehicle. While searching the

vehicle, the I.O. recovered a blank sale letter signed by the

petitioner and an agreement to sale executed by one Satya

Narayan in favour of Ghanshyam Mali. The petitioner claims to

have sold the vehicle to Ghanshyam Mali on 4.6.2015.

In this background and having regard to the entirety of facts

and circumstances as available on record, I am of the opinion that

there is sufficient material on the record to satisfy the Court that

the petitioner could not have had the knowledge of contraband

being plied in the vehicle and thus, he deserves to be released on

bail.

Consequently, the bail application is allowed. It is ordered

that the accused-petitioner namely Kamal Kumar arrested in

connection with F.I.R. No.387/2016, Police Station Jaitaran,

District Pali 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.