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1994 DIGILAW 779 (RAJ)

Bhabhuta Ram v. State of Rajasthan

1994-09-26

RAJENDRA SAXENA

body1994
JUDGMENT 1. - Heard. Perused the challan papers. 2. Admittedly the alleged to have been recovered 900 gms. opium from the 'Jhupa' of Pabu Ram was not recovered from the actual physical possession of petitioner Bhabhuta Ram. Pabu Ram's wife Methi and Dalla Ram have stated that the said opium was concealed there by petitioner Bhabhuta Ram. However, she did not report this fact immediately to the police. They simply implicated the petitioner only when the opium was recovered, next day morning from their 'Jhupa'. 3. Therefore, keeping in view all the facts and circumstances of the case as also the provisions of Section 37 of the N.D.PS. Act, I feel that it is a fit case wherein the petitioner should be enlarged on bail. Accordingly this bail petition is allowed and it is ordered that petitioner Bhabhuta Ram be released on bail provided he executes his personal bond for a sum of Rs. 20,000/- (Rs. twenty thousand) and furnishes two sound and substantial sureties for a sum of Rs. 10,000/- each to the satisfaction of the learned Special Judge, N.D.PS. Act Cases, Jodhpur for his regular appearance before him in Sessions Case No. 111/94 on each and every date of hearing and whenever ordered to do so. The petitioner shall also give a written undertaking to the effect that he shall keep peace and be of good behaviour and shall not commit any offence under the N.D.P.S. Act.Bail granted. *******