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1993 DIGILAW 515 (RAJ)

Sanjeev Kumar v. State of Rajasthan

1993-08-26

RAJENDRA SAXENA

body1993
JUDGMENT 1. - Heard. 2. perused the challan papers. It is alleged that on 29.4.93, 750 grams of liquid Opium was recovered from the possession of co-accused Ranjeet Singh and he was arrested on 35.93. He volunteered information under section 27, Evidence Act that he had given 5 Kilo of Opium to Sanjeev Kumar, which he could get recovered therefrom. Thereupon, on 12.5.93 the house of petitioner Sanjeev Kumar was searched but neither the said Opium nor any contraband article was recovered. It is further alleged that on 16.5.93 petitioner Sanjeev Kumar volunteered information under section 27, Evidence Act to the effect that he had sold 1500 Grams and 2500 Grams of Opium to one Dharmpal Jat, resident of Sadulsahar, which he could get recovered the same. However, no such Opium was recovered. 3. I have perused the statement of Kala Singh also, who has stated that petitioner Sanjeev Kumar used to come to their village to sale Opium but he has neither given any specific date nor requisite details nor any Opium has been recovered from the possession of the petitioner. 4. In such circumstances, there do not exist valid and sufficient grounds to believe that the petitioner is guilty of the offence under section 8/18 of the Narcotic Drugs And Psychotropic Substances Act and that he is like to commit such offence, if he is enlarged on bail. 5. Therefore, keeping in view all the facts and circumstances of the case, I allow this petition and order that petitioner Sanjeev Kumar be released on bail provided he executes his personal bond in the sum of Rs. 10,000/- and furnishes two sound and solvent surety in the like amount to the satisfaction of the learned Special Judge, Narcotic Drugs And Psychotropic Substances Cases (Sessions Judge) Sri Ganganagar for his regular appearance before him in the connected Sessions case no. 71/93, which was previously pending in the Court of Additional 'Sessions Judge No. 1, Hanumangarh Camp Sangaria, on each and every date of hearing and whenever ordered to do so. *******