Rameshpuri @ Harishpuri 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.187/2022, registered at Police Station Phuliya Kalla, District Bhilwara for the offence punishable under Section 8/25 of the NDPS Act.

Learned counsel for the petitioner submitted that the petitioner has been made an accused in the present case for the offence punishable under Section 8/25 of NDPS Act. Learned counsel submitted that 01.09.2022, contraband (poppy husk/straw), weighing 405 kg 600gm and one pistol with live cartridges was recovered from the vehicle (Maruti Ertiga bearing registration No. RJ-06-UB-7298), driven by co-accused Surendra Goswami, when he was intercepted by the police, PS Huliyakala, District Bhilwara, at Dohariya Road, around 12:30 AM.

Learned counsel for the petitioner submitted that the petitioner is the registered owner of the offending vehicle. Learned counsel submitted that as a matter of fact, co-accused Surendra Goswami who is his close relative, purchased the aforesaid vehicle from him, through sale letter dated 01.08.2022, with an understanding that the formalities before RTO office will be completed shortly thereafter. Drawing attention of the court towards information provided by co-accused- Surendra Goswami under Section 27 of the Indian Evidence Act and interrogation note prepared by investigating agency, learned counsel for the petitioner submitted that there is not an iota of evidence to indicate that the petitioner had any knowledge that the vehicle would be used for improper purpose or transportation of narcotic contraband.

Lastly, learned counsel for the petitioner submitted that admittedly, the petitioner has not been arrested at the time of the incident or with the vehicle from the spot, when co-accused persons were taken into custody. On these grounds, learned counsel implored the Court to accept the application for bail.

Per contra, learned Public Prosecutor has opposed the bail application.

Learned Public Prosecutor submitted that the petitioner is the registered owner of the offending vehicle. Learned Public Prosecutor submitted that the sale letter dated 01.08.2022 between co-accused- Surendra Goswami and present petitioner is not a part of investigation and thus, the same cannot be relied upon particularly when, the vehicle has not been transferred in the name of co-accused by the present petitioner through RTO office. Learned Public Prosecutor however, was not in a position to satisfy the Court with regard to any direct or indirect evidence available on record, indicating that the petitioner had knowingly permitted the use of vehicle (Maruti Ertiga) for transportation of contraband.

Heard learned counsel for the petitioner as also the learned Public Prosecutor and perused the material available on record.

In the prima facie opinion of this Court, an offence under Section 25 of 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 NDPS Act are duly satisfied and without expressing any opinion on merits/demerits of the case, the petitioner deserves indulgence of bail by this Court.

Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner – Rameshpuri @ Harishpuri S/o Shri Ompuri Goswami arrested in connection with F.I.R. No.187/2022, registered at Police Station Phuliya Kalla, District Bhilwara 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.