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1995 DIGILAW 483 (RAJ)

Diwakar v. State of Rajasthan

1995-05-16

N.L.TIBREWAL

body1995
JUDGMENT 1. - Heard. The petitioner was arrested on January 25, 95 on the ground of possessing 550 mg. i.e. approximately 1/2 gm of Smack from his possession. He is the bonafide resident of Kota having no bad antecedents on record. There is nothing to show that in case he is released on bail he shall not be available for trial or shall repeat a similar offence. 2. It is also contended by the learned counsel that his brother Bhaskar was also arrested on the same day and false cases have been registered against the petitioner and his brother. 3. Taking into consideration the quantity of Smack, period of detention and all other facts and circumstances, I am inclined to release the petitioner on bail on certain conditions. 4. It is, therefore, ordered that the petitioner, Diwakar son of Shivdutt Sharma shall be released on bail, provided he furnishes a personal bond in the sum of Rs. 5,000/- with one surety in the like amount to the satisfaction of the trial Court with the stipulation to appear in that Court or any other Court on all subsequent dates of hearing and as and when called upon to do so during the pendency of the enquiry or trial, as the case may be. The bail shall be subject to the following condition :That the petitioner shall not repeat a similar offence in future.If the aforesaid condition is violated, it shall be open to the concerned trial Court to cancel his bail without making any reference to this Court.Before parting with the case, I would like to express my anguish arid distress that inspite of repeated directions of this Court and circulars issued by the DIG and SP concerned the IO has not made any positive and sincere efforts to trace out the source from whom the petitioner was receiving Smack. It has been repeatedly observed by this Court that unless the source is held-in, it was difficult to eradicate the menace of illicit traffic in Narcotic Drugs and Psychotropic Substances. The learned PP after seeing the case diary has- frankly admitted that the concerned IO has done nothing seriously to catch hold the person from whom the petitioner was obtaining Smack. The learned PP after seeing the case diary has- frankly admitted that the concerned IO has done nothing seriously to catch hold the person from whom the petitioner was obtaining Smack. If it is so, it is really unfortunate.The SP concerned should look into this matter and all such similar matters and be vigilant to see that in such cases of small quantity of contraband articles sincere efforts are made to catch hold the big and influential persons who supply the contraband articles and the IO should make efforts to sell contraband articles from their possession. A copy of this order be sent to the concerned Court and the SP concerned for compliance.Bail Allowed. *******