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Rajasthan High Court · body

2007 DIGILAW 1298 (RAJ)

CHHOTU RAM v. STATE OF RAJASTHAN

2007-07-11

GUMAN SINGH

body2007
Judgment GUMAN SINGH, J. ( 1 ) HEARD learned counsel for petitioner, learned counsel for the union of India and perused the relevant documents placed before me. ( 2 ) LEARNED counsel for the petitioner argued that the accused petitioner Chhotu ram has been implicated in this case only on the basis of the statement of Balwinder singh who happens to be the owner and driver of the truck allegedly carrying 6,040 kg of poppy straws along with his conductor Sukhdev. He further submits that balwinder Singh has been examined twice. Firstly, before his arrest wherein he did not name the accused petitioner and secondly when he was arrested, he named the accused petitioner who is one of the big operator in the trade operating in the State of haryana but did not connect him with the present transaction. The learned counsel also tpok this Court through the statement of Sudhir Bishnoi and the accused petitioner chhotu Ram and argued that in the statement of Sudhir Bishnoi as well as that of chhotu Ram in his first statement, no involvement of the accused petitioner was mentioned. Learned counsel placed reliance in Fraincis Stanly @ Stalin v. Intelligence officer, Narcotic Control Bureau, thiruvananthapuram and Lachhu @ laxmi Narain v. Union of India on the point of application under Section 67 of the ndps Act. ( 3 ) LEARNED counsel for Narcotic Control bureau opposed the bail application and has confined his argument mainly on the ground that Balwinder Singh when he examined after arrest, mentioned involvement of the accused petitioner. ( 4 ) CONSIDERING the submissions made at the bar, the nature of accusation, the materials on record and all other facts and circumstances of the case as also the fact that the name of accused petitioner Chhotu Ram has been mentioned in the later statement of Balwinder Singh after his arrest, I deem it just and proper to release him on bail. ( 5 ) IN the result, this bail application under Section 439 Crpc is allowed and it is directed that petitioner Chhotu Ram S/o shri Santlal shall be released on bail in FIR no. 412004 registered at Central Bureau of narcotics, Kota on his furnishing a personal bond in the sum of Rs. 50,000 together with two sureties in the amount of Rs. 412004 registered at Central Bureau of narcotics, Kota on his furnishing a personal bond in the sum of Rs. 50,000 together with two sureties in the amount of Rs. 25,000 each, to the satisfaction of the concerned court for his appearance before that Court on all dates of hearing and whenever called upon to do so. Application allowed.