Kalu Singh vs State Of Rajasthan

Dinesh Mehta, J

This application for bail has been filed by the applicant under Section 439 of the Cr.P.C. in connection with FIR No.247/2022, registered at Police Station Dechu, District Jodhpur for the offences under Sections 8/22 and 25 of the NDPS Act.

Mr. Bishnoi, learned counsel for the applicant argued that the applicant, who is 18 years and 2 months of age used to work simply as a salesman at the Jhunjhar Medical Store (from where the seizure was made) as is evident from the material on record.

He invited Court’s attention towards the secret information, seizure memo and the proceedings undertaken thereat and highlighted that as per the information given by the informant also, the owner of the Jhunjhar Medical Store is Nakhat Singh. He further submitted that though at the time of inspection/seizure, the applicant was found present at the store, but the co-accused Nakhat Singh appeared and accepted the drug store to be owned and operated by him.

Learned counsel argued that the applicant has been roped-in simply because of the fact that he was a salesman and was found present at the time of inspection/seizure.

Learned counsel submitted that co-accused rather the main accused – Nakhat Singh has been enlarged on bail by a co-ordinate Bench of this Court vide an order dated 05.05.2023 passed in S.B. Criminal Miscellaneous Bail Application No. 1993/2023 and prayed that the applicant who is behind bars since 01.11.2022, be enlarged on bail.

Mr. Bhati, learned Public Prosecutor, on the other hand, vehemently opposed the bail application and submitted that the applicant and the main accused – Nakhat Singh both were found indulged in elicit transactions of contraband drugs under the guise of a medical shop and admittedly, a seizure of huge quantity of banned drugs was made from their possession.

Learned Public Prosecutor argued that the bail application of the co-accused – Nakhat Singh has been accepted by a co-ordinate Bench of this Court relying upon the statement/interrogatory note of the present applicant, in which he had admitted that the drugs in question were procured by him without the knowledge of his maternal uncle – Nakhat Singh, who is the owner of the store and therefore, no indulgence be granted to the applicant.

Heard learned counsel for the parties and perused the record so also the order dated 05.05.2023 passed by a co-ordinate Bench of this Court deciding the bail application of the co-accused – Nakhat Singh.

Admittedly, the Pharmacist License and the ownership of the medical store is that of Nakhat Singh; the applicant even as per the information and even as per the prosecution’s case is not more than a salesman.

A perusal of the order passed in the bail application of co-accused reveals that the co-ordinate Bench of this Court has relied upon interrogatory note of the present applicant who seems to have admitted that the contraband substances were kept by him without the knowledge of the applicant therein (Nakhat Singh), but then, this Court cannot lose sight of the fact that said Nakhat Singh is a license holder and owner of the medical store and the present applicant a youth of 18 years is a salesman.

There is no incriminating material except for the interrogatory note connecting the present applicant with the purchase and sale of the contraband substances.

Maybe, the applicant was aware or in some manner connected with the dealing of the contraband substances, but having regard to the fact that the applicant is nephew of the owner and is studying in B.A. Ist year, this Court is of the view that the applicant cannot be kept behind bars, particularly when the owner and the person having Pharmacist license of the store has been enlarged on bail by a co-ordinate Bench of this Court.

Having regard to the facts and circumstances of the case and without expressing any opinion on the merits/demerits of the case and looking to the fact that the applicant is behind bars since 01.11.2022; charge-sheet has been filed, this Court is of the opinion that the bail application filed by the applicant deserves to be accepted.

Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that applicant – Kalu Singh S/o Shri Shivdan Singh arrested under Section 439 of the Cr.P.C. in connection with FIR No.247/2022, registered at Police Station Dechu, District Jodhpur for the offences under Sections 8/22 and 25 of the NDPS Act shall be released on bail; provided he executes personal bond in the sum of Rs.2,00,000/- and two sureties of Rs.1,00,000/- each to the satisfaction of the learned trial Court.

Applicant shall be required to appear before the Trial Court on all dates of hearing as and when called upon to do so.

Needless to observe that the above observations made by this Court are on the basis of material so far produced before the Court. They are only prima-facie observation and the same shall however, not come in the way of the trial Court to take independent view of the matter, based on ocular and oral evidence, while finally deciding the case.