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Rajasthan High Court · body

2019 DIGILAW 1241 (RAJ)

Ganesh v. State of Rajasthan, Through PP

2019-04-25

VIJAY BISHNOI

body2019
JUDGMENT 1. Heard learned counsel for the parties and also perused the material available on record. 2. The petitioner(s) has/have been arrested in FIR No. 97/2018 of Police Station Bassi, Distt. Chittorgarh for the offence(s) punishable under Section(s) 8/15, 25 and 8/29 of the NDPS Act. He/she/they has/have preferred this/these bail application(s) under Section 439 Cr.P.C. 3. Learned counsel for the petitioner has submitted that as per the prosecution story, 139 kgs of poppy straw were recovered by the police from an abondoned Hundai car bearing registration No. RJ-09-CB-2785. During the course of investigation, the police reached to the conclusion that the said car has been registered in the name of one Kailash Dhakad, however, the police have found that Kailash Dhakad sold the above-referred car to the petitioner on 18.12.2017 and from that date, the said car is in possession and use of the petitioner. Learned counsel for the petitioner has submitted that as a matter of fact, on 15.8.2018, coaccused Arjun Dhakad asked the petitioner to give the said car to him for the purpose of visiting some relatives and the petitioner without knowing his intention handed over the said car to him. It is submitted that later on, the police have found the said car in an abondoned condition, in which, 139 kgs of poppy straw were loaded. It is further submitted that as a matter of fact, the petitioner was not aware about the fact that Arjun Dhakad is involved in transporting illegal poppy straw and he handed over the said car to him bond fidely. 4. Learned Public Prosecutor has opposed the bail application, however, from the perusal of the case diary and the factual report prepared by the SHO, Police Station Vijaypur, Distt. Chittorgarh, it is clear that the police had also come to the conclusion that the petitioner handed over the said car to Arjun Dhakad bona fidely without knowing his intention of transporting poppy straw in it. 5. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the petitioner(s) under Section 439 Cr.P.C. 6. 5. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the petitioner(s) under Section 439 Cr.P.C. 6. Accordingly, this/these bail application(s) filed under Section 439 Cr.P.C. is/are allowed and it is directed that petitioner(s) Ganesh S/o Geeta Lal Dhakad shall be released on bail in connection with FIR No. 97/2018 of Police Station Bassi, Distt. Chittorgarh provided he/she/they execute(s) a personal bond in the sum of Rs. 50,000/- with two sound and solvent sureties of Rs. 25,000/- each to the satisfaction of learned trial court for his/her/their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.