Rameshwar Lal @ Bhura @ Ramesh v. State of Rajasthan, Through PP
2019-04-23
VIJAY BISHNOI
body2019
DigiLaw.ai
JUDGMENT 1. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor and perused the material available on record. 2. The petitioner has been arrested in connection with FIR No. 85/2009 of Police Station Chhoti Sadari, District Pratapgarh for the offences punishable under Sections 8/15 and 25 N.D.P.S. Act. He has preferred this bail application under Section 439 Cr.P.C. 3. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. It is argued that mini truck No. RJ 19 GA 2246 allegedly used in commission of crime was registered in the name of Dungar Ram S/o Mangla Ram and the petitioner has no connection with the said vehicle. It is submitted that the police have wrongly concluded that the said vehicle was registered in the name of petitioner. Learned counsel for the petitioner has, therefore, submitted that as the police have failed to collect reliable evidence to connect the petitioner with commission of crime, the petitioner is entitled to be released on bail. 4. Per contra, learned Public Prosecutor has vehemently opposed the bail application and invited attention of the Court towards certificate issued by the District Transport Officer, Jodhpur dated 29th July, 2011 wherein it is certified that the mini truck No. RJ 19 GA 2246 was registered in the name of petitioner at the relevant time when the commission of crime had taken place. Learned Public Prosecutor has also invited attention of the Court towards registration certificate of the above vehicle which was initially issued in the name of Dungar Ram S/o Mangla Ram but the same was transferred in the name of the petitioner on 14.01.2009. 5. Learned Public Prosecutor has submitted that from the above documentary evidence, it is clear that the vehicle involved in transporting huge quantity of poppy straw was registered in the name of the petitioner and, therefore, it is not a fit case in which the petitioner can be enlarged on bail. 6. Having heard learned counsel for the parties and taking into consideration the documentary evidence collected by the police during the course of investigation which suggests that the petitioner was registered owner of the mini truck No. RJ 19 GA 2246 which was involved in transporting huge quantity of narcotic contraband, I do not find any case for granting bail to the petitioner. 7.
7. Accordingly, the application preferred by the petitioner under Section 439 Cr.P.C. is rejected.