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1993 DIGILAW 772 (RAJ)

Mangilal s/o Gobarlal v. State of Rajasthan

1993-11-23

R.S.VERMA

body1993
JUDGMENT 1. - Heard learned counsel for the parties. 2. The only evidence in this case against the accused petitioner consists of a statement of the co accused that he had received the contra-'and from the petitioner. The other alleged evidence is a piece of information said to have been tendered by the petitioner to the Investigating Officer to the effect that he had purchased opium and had converted it into brown sugar. There are no recoveries in pursuance of this information nor any particular facts have been discovered which may go to show that petitioner had converted opium into alleged brown sugar i.e. contraband allegedly recovered from the co accused, As held in Bhiya Ram v. State of Rajasthan, 1993 Cr PC P. 609 . the statement of co-accused before the Police Officer is not admissible in evidence. Likewise statement of the petitioner before the Police Officer. not leading to any particular discovery, is also, not admissible. Hence there do not exist reasonable grounds to believe that the petitioner is guilty of offence wider Section 8 of the 18 of the N.D.P.S. Act. There is no material on record to show that petitioner is likely to commit such an offence in future. Hence the petitioner is entitled to be enlarged on bail. 3. I, therefore, order that in case petitioner furnishes a personal band in a sum of Rs. 50,000/- and a surety bond in a like sum to the satisfaction of learned trial Judge for appearance before the learned trial Judge on date/dates to be fixed by him during the course of trial, he may be enlarged on bail, provided he is not required in any other case. 4. Before parting with the case, I may like to observe that Provisions of Section 67 of the N.D.P.S. Act, are not available to Police Officers acting under Criminal Procedure Code. It would be for the consideration of the Home Department, Govt of India to find out ways and melts as to how can Provisions of Section 67 of the N.D.P S. may be made applicable to such persons from whom the contraband originates but against whom there is no other evidence except the statement of the co-accused from whose possession the contraband has been recovered. It may be stated that mostly the carriers of the contraband alone are being caught but the brains behind them are rarely caught. It may be stated that mostly the carriers of the contraband alone are being caught but the brains behind them are rarely caught. It would be for the Home Department to consider ways and means how they can ensure that the real perpetrators of crime are caught. Copy of this order may be sent to the Home Secretary, Govt. of India, as also to the Home Commissioner, Govt. of Rajasthan for such action as is deemed proper. 5. The application for bail is disposed off accordingly.Bail Petition allowed. *******