Shesha Ram 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.55/2016 of Police Station Bilara, Distt. Jodhpur for the offences punishable under Sections 8/15 and 29 of the NDPS Act. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that narcotic contraband poppy straw weighing 3858 kgs. 500 gms. was recovered by the SHO, Police Station Bilara on 15.2.2016 while being unloaded from a truck No.RJ-26-GA-0283 into a dumper truck No.RJ-19-GC-7154. As per the prosecution story, petitioner - Shesha Ram was the driver of the dumper truck No.RJ-19-GC-7154, which was registered in the name of one Ghewar Ram son Hapu Ram. It is argued that during the course of investigation, the Investigating Officer namely Kishan Lal, SHO, Police Station Pipar City has recorded the statement of Hapu Ram and the said witness has stated that he handed over the dumper truck No.RJ-19-GC-7154 for transportation of sand to co-accused Opa Ram along with present petitioner - Shesha Ram, who was the driver of the said vehicle. It is argued that a Co-ordinate Bench of this Court vide order dated 2.5.2017 has granted bail to co-accused Ghewar Ram, who was the registered owner of the dumper truck No.RJ-19-GC-7154 while taking into consideration the fact that there hardly remains any evidence to prove that co-accused Ghewar Ram was in knowledge of the fact that the vehicle of which he is the registered owner was used for plying contraband poppy straw. It is further submitted that as per the prosecution story, father of co-accused Ghewar Ram has handed over the dumper truck No.RJ-19-GC-7154 to the main accused Opa Ram without having any knowledge that the said dumper truck No.RJ-19-GC-7154 is being used for transporting the contraband poppy straw and, therefore, it is clear that the petitioner being the driver of the dumper truck No.RJ-19-GC-7154 was not in knowlege of the fact that main accused - Opa Ram is going to transport poppy straw in the said dumper truck No.RJ-19-GC-7154. Learned counsel for the petitioner has further submitted that the petitioner has falsely been implicated in this case and taking into consideration the fact that the registered owner of the dumper truck No.RJ-19-GC-7154 has been enlarged on bail, the present petitioner is also entitled to be enlarged on bail.

Learned Public Prosecutor has opposed the bail application, however, he is not in a position to dispute the fact that there hardly remains any evidence to prove that the petitioner was in knowledge of the fact that the vehicle of which he was the driver was being used for plying contraband poppy straw.

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 - Shesha Ram S/o Gordhan Ram shall be released on bail in connection with FIR No.55/2016 of Police Station Bilara, Distt. Jodhpur provided he executes a personal bond in the 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.