Nirvel Singh @ Raja vs State Of Rajasthan

Vinit Kumar Mathur, J

The present second bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.187/2021, Police Station Kesarisinghpur, District Sriganganagar for the offences under Sections 28, 29 & 30 of N.D.P.S. Act and Section 188 IPC.

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

Learned counsel for the petitioner submits that without any rhyme or reason, the petitioner has been arrested only on the suspicion that he came within 400 mts. of the international border to receive the delivery of heroin in question.

Learned counsel further submits that the arrest of the petitioner merely on the suspicion and on the pretext that he is going to get the delivery of 4 Kg. of heroin from across the border is unfounded and baseless. He further submits that neither there are any call details from across the border nor there is any cogent evidence which suggests that the petitioner was going to get the delivery of heroin in question. The charge-sheet in the case has been filed. He, therefore, prays that the petitioner may be enlarged on bail.

Per contra, leaned Public Prosecutor submits that the petitioner belongs to Punjab and there was no occasion for him to visit the prohibited area of 400 mts. towards the international border in Rajasthan, much less, on being asked the petitioner could not furnish the plausible explanation for the same, rather in his statement he stated that he had come for getting the delivery of 4 Kgs. of heroin which was to come from across the border. Learned Public Prosecutor further submits that the statement of one Gurwinder Singh, Assistant Commandant, Border Security Force has also been recorded in which it had been stated that an information was received that there was possibility of heroin being smuggled from Pakistan to India and, therefore, the presence of the petitioner near the 400 mts. of the international border created suspicion on him. He also submits that the petitioner was arrested at night.

I have considered the submission made at the Bar and have gone through the relevant record of the case.

The site plan prepared by the Police during the course of investigation shows that petitioner was very near (approx. 400 mts.) from the international border of Pakistan. The petitioner belongs to Punjab and on being asked, the learned counsel for the petitioner had no plausible explanation regarding the presence of the petitioner near the fencing of international border and that too at night. Since the Border Security Force had information with respect to the smuggling of contraband, therefore, presence of the petitioner in Rajasthan at night without furnishing any explanation cannot be said to be unfounded and that some transaction of contraband from across the border was to take place.

Having regard to the totality of the facts and circumstances of the case, considering the seriousness of charges and looking to the nature of accusation and gravity of the offence, without expressing any opinion on the merits of the case, I am not inclined to grant bail under Section 439 Cr.P.C. to the petitioner at this stage.

Accordingly, the present second application preferred by the petitioner under Section 439 Cr.P.C. is dismissed.