Pappu Ram 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 F.I.R. No.216/2022, registered at Police Station Siriyari, District Pali, for offences under Sections 8/18, 25 & 29 of the NDPS Act.

Learned counsel for the petitioner submitted that the contraband greater than the commercial quantity was not recovered from the petitioner but was recovered from co-accused Khayaliram, who was on wheel of Alto car bearing registration No.RJ-06-CE-8251. Learned counsel submitted that the petitioner has been falsely implicated in the present case solely for the reason that he is the registered owner of the offending vehicle. Learned counsel submitted that as a matter of fact, on 24.09.2022 the offending vehicle (Alto) was sold by the petitioner to co- accused Khayaliram who was found on the wheel of the offending vehicle, through an agreement to sell with an understanding that formalities before RTO office will be completed shortly thereafter.

Attention of the Court was also drawn towards the interrogation note prepared by the investigating agency to submit that Khayaliram has informed the police personnel that he had purchased the offending vehicle from the present petitioner. Learned counsel submitted that at present, there was no iota of evidence available on record indicating that the petitioner had any knowledge that the vehicle sold by him to co-accused Khayaliram was being used for improper purpose or for transportation of narcotic contraband.

Learned counsel for the petitioner submitted that the petitioner has neither been arrested at the time of incident nor from the spot from where co-accused persons had been taken into custody. The petitioner is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioner.

Learned Public Prosecutor has opposed the bail application and submitted that investigation against the present petitioner is still pending and in view of the fact that the offending vehicle is registered in the name of present petitioner, it would not be safe at this stage to conclude that the petitioner is not involved in commission of alleged crime directly or indirectly.

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

In the prima facie opinion of this Court, an offence under Section 25 of the NDPS Act would not be made out in cases where there is no evidence to indicate that the owner of the vehicle had knowingly permitted the use of the vehicle for transportation of contraband or for commission of any other offence under the Act.

In view of aforesaid, this Court is of the view that the twin conditions contained in Section 37 of the NDPS Act are duly satisfied, and without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Pappu Ram S/o Nanda Ram arrested in connection with F.I.R. No.216/2022, registered at Police Station Siriyari, District Pali, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/-each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.