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Judgment
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in custody in relation to F.I.R. No.387/2016, Police Station Jaitaran, District Pali for the offences under Sections 8 / 15, 18 and 25 of the NDPS Act.
The petitioner is arrested in this case as being the registered owner of Swift Desire No.RJ01 CA 7069 from which poppy straw weighing 25 kgs. and opium weighing 3.250 kgs. were recovered.
One Ghasi Ram was found in the vehicle. While searching the vehicle, the I.O. recovered a blank sale letter signed by the petitioner and an agreement to sale executed by one Satya Narayan in favour of Ghanshyam Mali. The petitioner claims to have sold the vehicle to Ghanshyam Mali on 4.6.2015.
In this background and having regard to the entirety of facts and circumstances as available on record, I am of the opinion that there is sufficient material on the record to satisfy the Court that the petitioner could not have had the knowledge of contraband being plied in the vehicle and thus, he deserves to be released on bail.
Consequently, the bail application is allowed. It is ordered that the accused-petitioner namely Kamal Kumar arrested in connection with F.I.R. No.387/2016, Police Station Jaitaran, District Pali shall be released on bail; provided he furnishes a personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- 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.