Poonam Chand @ Naresh 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.114/2015 of Police Station Karda, District Jalore for the offences punishable under Sections 8/18, 8/29, 30 and 8/18 read with Section 25 of NDPS Act, 1985. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that the allegation against the petitioner is to the effect that he supplied 6.605 kgs. of opium to co-accused Veera Ram, who was arrested by the police while transporting the said narcotic contraband on 15.12.2015. It is argued that while in police custody co-accused Veera Ram gave information on 20.12.2015 that he procured the said narcotic contraband from the petitioner. It is submitted that from the said information given by co-accused Veera Ram under Section 27 of the Indian Evidence Act, it is clear that he has simply stated that he procured the narcotic contraband from one Poonam Chand of village Gadola, however, father's name and the address of Poonam Chand have not been mentioned in the said information. Learned counsel for the petitioner has submitted that now the statements of Investigating Officer Gumana Ram have been recorded before the trial court as PW-17, wherein he has simply stated that except the information given by co-accused Veera Ram, while in police custody, no other evidence to connect the petitioner with co-accused Veera Ram was collected by him during the course of investigation. It is submitted that PW-17 Gumana Ram, Investigating Officer has also stated in his statements that the phone call details of petitioner and co-accused Veera Ram were not collected during the course of investigation. It is submitted that from the above, it is clear that the petitioner has falsely been implicated in this case only on the basis of statements of co-accused Veera Ram while in police custody, whereas it is settled that any information given by co-accused in police custody is not admissible in evidence.

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 Section 439 Cr.P.C. is allowed and it is directed that petitioner - Poonam Chand @ Naresh S/o Bhanwar Lal @ Sarpanch S/o Laxman shall be released on bail in connection with FIR No.114/2015 of Police Station Karda, District Jalore provided he 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 his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.