Sohan 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 FIR No.42/2021 registered at Police Station Dechu, District Jodhpur Rural, for offences under Sections 8/15, 8/18, 8/22 and 8/25 of NDPS Act.

As per prosecution, SHO, Dechu on receiving secret information raided Jambeshwar Hotel over Mega Highway, Phalodi-Dechu road and found the petitioner there. The police during the search of aforesaid hotel did not recover anything. However, while making search of the under construction house just behind the hotel, 35 kg poppy husk/ straw from two bags, 700 grams opium milk from plastic carry bag and 4860 tablets of Alpraozolam Tablets IP 0.5mg- Alpracare 0.5mg- Tramadol Hydrochloride tablets 100mg and 500 tablets of Clovidol 100 SR were recovered.

A sum of Rs.3,02,800 was also recovered.

Learned counsel for the petitioner vehemently submitted that the petitioner has been falsely implicated in the present case. Drawing attention of the court towards the statement of Seizure Officer, Hanuman Ram (P.W.1) and Investigating Officer, Deep Singh (P.W.2), learned counsel for the petitioner submitted that the contraband in the present case was recovered from an open space, however, documents pertaining to the ownership of aforesaid open space/ under constructed house/ field were not procured. Learned counsel submitted that the contraband viz., poppy husk/straw and opium milk were below commercial quantity. Learned counsel submitted that as far as the tablets said to be recovered from the under construction house situated just behind Jambeshwar hotel are concerned, they were not weighed. Learned counsel submitted that neither in the charge sheet, the weight of the alleged contraband (tablets) has been mentioned, nor Seizure Officer and Investigating Officer in their statements, could disclose the total weight of the contraband (tablets). Learned counsel submitted that this Court vide orders dated 17.1.2023, 18.10.2022 and 30.3.2022, has already enlarged the co-accused Mithun (CRLMB 16200/2022), Narpat Singh (CRLMB 10942/2022) and Jitu @ Jitendra (CRLMB 1753/2022) on bail and the role of the petitioner is not distinguishable from the role of those co-accused who have already been given benefit of bail by this Court.

It was submitted that the petitioner is in judicial custody and the trial of the case is likely to take time. Thus, he implored the court to accept the application for bail and enlarge the petitioner.

Learned Public Prosecutor vehemently opposed the bail application. Learned Public Prosecutor drew attention of the Court towards the report of patwari based on revenue records and jamabandi of the land to submit that the place from where contraband was recovered is in joint ownership of five persons, including the father of the petitioner and petitioner is residing at the very same place. Learned Public Prosecutor however could not satisfy the Court as to why total weight of the contraband (tablets) has not been mentioned in the charge sheet and as to why Seizure Officer and Investigating Officer could not answer the question put to them with regard to the total weight of the contraband (tablets), said to be recovered from petitioner.

Heard learned counsel for the petitioner as well as learned Public Prosecutor.

Having gone through the FIR, challan papers so also the statements of Seizure Officer, Hanuman Ram (P.W.1) and Investigating Officer, Deep Singh (P.W.2); co-accused have been enlarged on bail, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the application for bail filed by the petitioner deserves to accepted.

Accordingly, the bail application filed under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner-Sohan Ram S/o Shri Multana Ram shall be enlarged on bail in connection with FIR No. 42/2021 registered at Police Station Dechu, District Jodhpur Rural, provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/-, each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.