Research › Search › Judgment

Rajasthan High Court · body

2017 DIGILAW 2330 (RAJ)

Anuj Kumar S/o Shri Ashok Kumar v. State of Rajasthan

2017-11-01

P.K.LOHRA

body2017
ORDER : P.K LOHRA, J. 1. The instant bail application, under Section 439 Cr.P.C, at the behest of petitioner, arises out of FIR No. 268/2017, registered at Police Station Sadar, District Sri. Ganganagar, wherein he is charged for offence under Sections 8/15 of the NDPS Act. Police after investigation has submitted charge-sheet in the matter. 2. It is argued by learned counsel that petitioner has been falsely implicated in the matter and the entire search and seizure proceedings undertaken by police authorities is totally hoax. Learned counsel would submit that as per charge-sheet poppy straw weighing 120kg was recovered from Swift Dzire car on 28th of July, 2017 at 08:55 PM but surprisingly notice under Section 50 of the NDPS Act was issued to the petitioner within five minutes, i.e. at 09:00 PM. Learned counsel submits that this shows that how and in what manner the entire things have been manipulated. Learned counsel further submits that the notice under Section 50 of the NDPS Act is per se infirm inasmuch as recovery, was allegedly made at 08:55 PM and the Motbir was summoned at 08:30 PM, i.e. anterior to the recovery itself. It is further argued by learned counsel that even the contraband recovered in the matter was not weighed as late as upto 09:20 PM but notice under Section 50 was issued prior to it, i.e. at 09:00 PM, further indicates that the charges are falsely foisted against the petitioner. Lastly, learned counsel has urged that after investigation charge-sheet in the matter has been filed, therefore, considering all these material infirmities in the investigation, petitioner's bail plea merits favourable consideration. 3. Learned Public Prosecutor has opposed the bail application of petitioner in general. 4. I have bestowed by consideration to the arguments advanced at the Bar and perused the materials available on record. 5. Having regard to the facts and circumstances of the case and taking into account the aforementioned infirmities in the investigation, while refraining to make any comment on merits of the case, I feel persuaded to enlarge the petitioner on bail. 6. Accordingly, the bail application under Section 439 Cr.P.C is allowed and it is ordered that accused-petitioner Anuj Kumar S/o Shri Ashok Kumar, arrested in connection with F.I.R No. 268/2017, Police Station Sadar, District Sri. Ganganagar may be released on bail; provided he furnishes a personal bond of Rs. 6. Accordingly, the bail application under Section 439 Cr.P.C is allowed and it is ordered that accused-petitioner Anuj Kumar S/o Shri Ashok Kumar, arrested in connection with F.I.R No. 268/2017, Police Station Sadar, District Sri. Ganganagar may be released on bail; provided he furnishes a personal bond of Rs. 50,000/- with two surety bonds of Rs. 25,000/- each to the satisfaction of learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.