Mithu Lal vs State Of Rajasthan

Kuldeep Mathur, J

This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with FIR No.32/2020 registered at Police Station Vijaypur, District Chittorgarh, for offences under Sections 8/15, 8/18 and 8/29 of the NDPS Act.

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

Learned counsel for the petitioner submitted that as per prosecution story, about 3 quintal poppy husk and 3 kg. opium was recovered from the house of the petitioner. Learned counsel submitted that at the time when the aforesaid recovery was made, the petitioner was not even available at the place of incident. Learned counsel submitted that the aforesaid search/seizure was conducted by the police/investigating agency on the basis of an information provided by one Shri Prakash. Learned counsel submitted that recovery was effected from the house which is in the joint ownership of present petitioner as well as his mother, who is having a licence issued by the Govt. of India for cultivating the opium. Learned counsel submitted that as a matter of fact, the contraband alleged to be recovered belongs to his mother, who is having licence for cultivation of the same. According to learned counsel, the investigating agency has not procured any documents with regard to ownership of the aforesaid house. Lastly, it was submitted that the petitioner is facing incarceration and the trial is likely to take long time to conclude, no purpose will be served by keeping the petitioner behind the bars and as such, he prayed to enlarge the petitioner on bail.

Per contra, learned Public Prosecutor opposed the bail application. However, he was not in a position to dispute the fact that the documents pertaining to ownership of the house in question were not procured by the Investigating Officer. Learned Public Prosecutor was also not in a position to refute that mother of the petitioner who is said to be a joint owner of the house is having a valid licence for cultivation of the opium.

Heard.

Considering the arguments advanced by the counsel for the parties and looking to the possibility that the trial may take long time to conclude and since the rigours of Section 37 of the NDPS Act are not attracted in the instant case, this Court deems it just and proper to enlarge the petitioner on bail.

Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner- Mithu Lal S/o Sh. Gopi Lal Ji Dhakad shall be enlarged on bail in connection with FIR No.32/2020 registered at Police Station Vijaypur, District Chittorgarh, provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/-each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.