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2023 DIGILAW 275 (RAJ)

Sabir Khan v. State

2023-01-24

KULDEEP MATHUR

body2023
JUDGMENT Kuldeep Mathur, J. - This application for bail has been filed by the petitioner under Section 439 of the Cr.P.C. in connection with FIR No.208/2019, Police Station Mandalgarh, Bhilwara for the offence under Section 8/15 of the NDPS Act. 2. Heard learned counsel for the petitioner and learned Public Prosecutor and also perused the material available on record. 3. It is argued by learned counsel that petitioner has been falsely implicated in the matter. Learned counsel has further submitted that the contraband poppy-straw, weighing 201 kg., was seized from pick-up having no. RJ-21-G1-6249. The driver of the vehicle, during interrogation, disclosed the name of Babu @ Yakub Khan to whom contraband (poppy-straw) was to be delivered. Further, Babu @ Yakub Khan disclosed the name of petitioner stating that he is the owner of pick-up No.RJ-21-G1-6249. It is in this back-ground, learned counsel submitted that there is no direct involvement of the petitioner in the present case and he had no knowledge of contraband being transported in the Vehicle No.RJ-21-G1-6249. Learned counsel also submitted that there is no evidence showing involvement of the petitioner in the present case except statement of Babu @ Yakub Khan. 4. Learned counsel submitted that prima-facie rigor of Section 37 of the NDPS Act cannot be invoked in the present case. Lastly, it was submitted that there is no criminal antecedents of the petitioner showing involvement of the petitioner in any other offence under the NDPS Act. 5. Learned Public Prosecutor vehemently opposed this bail application. 6. Having regard to the facts and circumstances of the case and without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted. 7. Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that petitioner Sabir Khan S/o Shri Hussain Khan Kayamkhani Musalman arrested in connection with FIR No.208/2019, P.S. Mandalgarh, Bhilwara shall be released on bail; provided he executes personal bond in the sum of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the learned trial Court. Petitioner shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.