Komal Sindhi vs State Of Rajasthan

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

The petitioner has been arrested in FIR No.12/2019 of Police Station Lalgarh Jatan, District Sri Ganganagar for the offences punishable under Sections 8/22 and 8/29 of NDPS Act. She has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that as per the prosecution story, total 25000 tablets containing narcotic substance tramadol were recovered by the police from the possession of co-accused Shivraj Singh @ Surjeet Singh @ Raju on 11.01.2019. It is submitted that co-accused Shivraj Singh @ Surjeet Singh @ Raju, while in police custody, gave an information under Section 27 of the Indian Evidence Act that he procured the said tablets containing narcotic substance tramadol from Sukha @ Gopal Singh. It is further submitted that on the basis of the said information, the police arrested Sukha @ Gopal Singh, who while in police custody gave an information under Section 27 of Indian Evidence Act that he procured the said tablets containing narcotic substance tramadol from the petitioner. It is submitted that after arrest of the petitioner, the police recorded her information said to be given under Section 27 of the Indian Evidence Act. It is submitted that the police filed charge-sheet against the petitioner for the offence punishable under Section 8/29 of NDPS Act on the basis of the information given by co-accused Sukha @ Gopal Singh while in police custody and the information obtained from the petitioner while in police custody. It is submitted that it is settled law that the information given by accused person in police custody is not admissible piece of evidence under the law.

It is also submitted that now the statements of Investigating Officer Parmeshwar have been recorded before the trial court as PW-1, wherein he has specifically stated that no narcotic substance was recovered at the instance of the petitioner and she was arrested while she was in custody in another case. It is submitted that the Investigating Officer has failed to point out any evidence collected by the police during the course of investigation to establish the link of the petitioner with the co-accused persons viz. Shivraj Singh @ Surjeet Singh @ Raju and Sukha @ Gopal Singh. It is submitted that in the facts and circumstances of the case, it is clear that only evidence available on record against the petitioner is the information given by an accused person while in police custody and it is settled that the same is not admissible piece of evidence under the law.

Learned Public Prosecutor has opposed the bail application. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

Accordingly, this bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner - Smt Komal Sindhi W/o Pawan Kumar shall be released on bail in connection with FIR No.12/2019 of Police Station Lalgarh Jatan, District Sri Ganganagar provided she executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/-each to the satisfaction of learned trial court for her appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.