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Rajasthan High Court · body

2022 DIGILAW 563 (RAJ)

Hetram, S/o. Ramchandra v. State, Through PP

2022-02-17

SANDEEP MEHTA

body2022
ORDER : 1. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record. 2. This is the second application for bail under Section 439 Cr.P.C. preferred on behalf of the petitioner who is in custody in connection with F.I.R. No. 126/2020 registered at Police Station Raisinghnagar, District Sri Ganganagar for the offences under Sections 8/22, 25, 29 of the NDPS Act. 3. The first application for bail filed on behalf of the petitioner was dismissed by this Court vide order dated 23.03.2021 giving him liberty to file a fresh bail application after recording of the statement of the Investigating officer/Seizure officer in the trial court. Now, the statement of the Investigating officer Shri Vikram (P.W.2) has been recorded at the trial whereafter, this second application for bail has been moved. 4. Shri Rajesh Panwar, learned Sr. counsel representing the petitioner urges that the consignment of drugs was recovered by the officials of the Police Station Vijaynagar on 06.06.2020 from an abandoned Bolero Jeep No. PB-11-BA-6513. No one was apprehended from inside or from nearby the jeep. Subsequently, the Investigating Agency arrested the accused petitioner and the other co-accused persons on the basis of mere suspicion and recovered certain mobile phones. The conversations and Whatsapp chats saved in the mobile phones have been made the foundation of linking the petitioner with the alleged drugs. Learned Sr. counsel, drew the Court's attention to the cross-examination conducted from the Investigating officer Shri Vikram on behalf of the accused petitioner wherein, the witness admitted that the chats/messages which were collected during the course of the investigation, were of 14.06.2020 whereas, the recovery was on 06.06.2020. The chats for the earlier period did not give any indication regarding being connection of the mobile phone holder with the recovered psychotropic drugs. The Investigating officer specifically admitted that the recordings saved in the phone of Het Ram could not be linked with the contraband recovered in this case. The certificate under Section 65B was also not taken from the service provider. He thus urges that there is no evidence whatsoever on the record of the case so as to link the petitioner with the recovered contraband. 5. Learned Public Prosecutor, vehemently and fervently opposed the submissions advanced by the petitioner's counsel. The certificate under Section 65B was also not taken from the service provider. He thus urges that there is no evidence whatsoever on the record of the case so as to link the petitioner with the recovered contraband. 5. Learned Public Prosecutor, vehemently and fervently opposed the submissions advanced by the petitioner's counsel. However, he too is not in a position to dispute the fact that the petitioner was not found anywhere near the jeep from which, the contraband psychotropic drugs were recovered on 06.06.2020. 6. The only evidence on the basis whereof, the petitioner has been linked with the drugs, appears to be in form of the Whatsapp chats referred to supra. The Investigating officer Shri Vikram (P.W.2) admitted in his cross-examination that the Whatsapp chats which were collected from the petitioner's mobile were of 14.06.2020 whereas, the recovery was effected on 06.06.2020. 7. In this view of the matter and having regard to the overall facts and circumstances as available on record, I am of the opinion that the petitioner has a strong case to question the theory set out by the prosecution in the charge-sheet for linking him with the crime. As per the charge-sheet, the petitioner does not have any criminal antecedents. Thus, conditions of Section 37 of the NDPS Act are duly satisfied and the petitioner deserves indulgence of bail during pendency of the trial. 8. Accordingly, the second bail application under Section 439 Cr.P.C. is allowed and it is directed that the petitioner Hetram arrested in connection with the F.I.R. No. 126/2020 registered at Police Station Raisinghnagar, District Sri Ganganagar, shall be released on bail provided he furnishes a personal bond of Rs.1,00,000/- and two surety bonds of Rs.50,000/- each to the satisfaction of the 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.