Mukna Ram vs State Of Rajasthan

Kuldeep Mathur, J

This second application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with FIR No.375/2020 registered at Police Station Gangrar, District Chittorgarh, for offences under Sections 8/15, 8/25 and 8/29 of the NDPS Act.

Learned counsel for the petitioner submitted that as per prosecution, during routine nakabandi, SHO PS Gangrar received an information that one white coloured swift car having registration No.RJ06.CF.3950 loaded with huge quantity of contraband would be passing through the Gangrar Highway road. On receiving aforesaid information, SHO PS Gangrar flagged down one white coloured swift car having registration No.RJ06.CF.3950. During search of the offending vehicle, contraband (poppy husk/straw) weighing 78 kgs 500 gms was recovered from three sacks. The petitioner was found sitting on the wheel of the offending vehicle.

Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case. It was urged that the statements of the Seizure Officer Shivraj have been recorded before competent criminal court as PW-1. Drawing attention of the Court towards the Seizure Officer (PW-1), learned counsel submitted that the SHO PS Gangrar despite having definite information that contraband greater than commercial quantity was being transported in a white coloured swift car having registration No.RJ06.CF.3950 did not make compliance of the mandatory provisions of Section 42 of the NDPS Act. Learned counsel submitted that the Seizure Officer (PW-1) categorically deposed that upon receiving information, he neither lodged an information in writing nor forwarded the grounds for his belief to his superior officials within 72 hours as mandated under Section 42 of the NDPS Act. Learned counsel submitted that the petitioner, who is in judicial custody deserves to be enlarged on bail solely for the reason that the mandatory provisions of Section 42 of the NDPS Act have not been complied with in the present case. Lastly, it was submitted that the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioner.

Per contra, learned Public Prosecutor has vehemently opposed the bail application. However, he was not in a position to refute the fact that the Seizure Officer (PW-1) during his court statements has stated that despite having specific knowledge/information about contraband greater than commercial quantity being transported in a white coloured swift car having registration No.RJ06.CF.3950, he neither lodged an information in writing nor forwarded the grounds for his belief to his superior officials within 72 hours.

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

Having considered the rival submissions, facts and circumstances of the case and having perused the statements of the Seizure Officer (PW-1), this Court prima facie finds that the Seizure Officer (PW-1) prior to conducting the seizure proceedings received a definite information that the contraband greater than commercial quantity is going to be plied in a white coloured swift car having registration No.RJ06.CF.3950. In the considered opinion of this Court that since the Seizure Officer (PW-1) had definite information about contraband greater than commercial quantity being plied in the offending vehicle, he ought to have forwarded the information in writing to his immediate superior officers within 72 hours as mandated by Section 42 of the NDPS Act. Having failed to forward the aforesaid information, the Seizure Officer (PW-1) prima facie has acted in violation of the provisions of Section 42 of the NDPS Act. Thus, in view of aforesaid discussion, this Court is of the opinion that the riders contained in Section 42 of the NDPS Act are duly satisfied in the present case. Thus, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

Accordingly, the second bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner-Mukna Ram S/o Bhenpa Ram Legha Bishnoi shall be enlarged on bail in connection with FIR No.375/2020 registered at Police Station Gangrar, 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 so.

It is however, made clear that findings recorded/observations made above are for limited purposes of adjudication of bail application. The trial court shall not get prejudiced by the same.