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Judgment
6 paragraphs · 381 wordsThe instant bail application under Section 439 Cr.P.C. has been preferred on behalf of the petitioner who is in custody in connection with F.I.R. No.82/2020, registered at Police Station Gulabpura, District Bhilwara for the offences under Sections 8/18 and 8/25 of the NDPS Act.
I have heard and considered the submissions advanced by the learned counsel representing the petitioner through video hearing and the learned Public Prosecutor and have gone through the challan papers.
The petitioner is said to be in control of the Baleno vehicle having engine No.12MP4017767 and chassis No.HEW22SLB457899. The said car was purchased by the petitioner's father Shri Kojaram who was reportedly suffering from cancer. As per the material available on record, the co-accused Jagdish approached Kojaram and requested him to give the car on the premise that his daughter was ill and was to be taken to a hospital at Jaipur for treatment. Kojaram talked to Sunil who consented to give the car to Jagdish and as a result, Kojaram handed over the car keys and car to Jagdish. Jagdish was transporting 96 Kgs. poppy straw in the said Baleno vehicle when he was apprehended by the officers of Police Station Gulabpura on 04.03.2020. Based on the above evidence collected during investigation, the petitioner has been charge-sheeted in this case for the offences under Sections 8/25 and 8/15 of the NDPS Act.
Prima facie, there is lack of concrete evidence on the record of the case to satisfy that the poppy straw was being transported in the vehicle with the consent, connivance or knowledge of the petitioner.
In this view of the matter, I am of the opinion that the conditions of Section 37 of the NDPS Act are satisfied to the extent of the petitioner who deserves to be enlarged on bail.
Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is directed that the petitioner Sunil Thori arrested in connection with the F.I.R. No.82/2020, registered at Police Station Gulabpura, District Bhilwara shall be released on bail provided he furnishes a personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.