Tulsiram vs State Of Rajasthan

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.217/2022 Police Station Bekriya, District Udaipur, for the offences under Section 8/15, and 29 of NDPS Act.

Heard learned counsel for the petitioner, learned Public Prosecutor and as also perused the material available on record.

Learned counsel for the petitioner submitted that on 04.12.2022 at Malera Toll, police stopped one Swift car bearing registration No.RJ-27-TA-9249. On being interrogated, the driver of the car disclosed his name as Rahul. The person sitting on the passenger seat disclosed his name to be Bhupendra. Both the co-accused persons informed them that they were escorting a Ciaz car, loaded with contraband (poppy husk). Learned counsel submitted that during investigation, police found the Ciaz car in an abandoned condition from which contraband (poppy husk) weighing 111.200 Kg was recovered.

Learned counsel submitted that the petitioner has been implicated in the present case only on the basis of information provided by the co-accused persons (Rahul and Bhupendra) under Section 27 of the Indian Evidence Act. Learned counsel submitted that from a bare look at the information provided by co-accused persons, it is revealed that apart from the petitioner, two other persons namely Shambhoo Meena and Shanti Meena were also sitting in the Ciaz car, which was said to be escorted by them. Learned counsel for the petitioner submitted that the only substantive evidence available against the present petitioner is the information supplied by co-accused persons under Section 27 of the Indian Evidence Act along with certain calls made between the present petitioner and co-accused-Rahul.

Learned counsel vehemently submitted that co-accused-Rahul, Bhupendra and Shantilal have already been enlarged on bail by the court of Civil Judge, NDPS, Udaipur, vide orders dated 05.01.2023 and 10.01.2023 respectively and the case of present petitioner is not distinguishable from that of the co-accused, therefore, the petitioner deserves to be enlarged on bail.

Per contra, learned Public Prosecutor opposed the bail application.

Having regard to the facts and circumstances of the case and after going through the challan papers also keeping in view the fact that the co-accused persons have already been enlarged on bail by the criminal competent court, this Court is of the opinion that the rigors under Section 37 of NDPS Act do not apply against the petitioner and the bail application filed by the petitioner deserves acceptance.

Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that petitioner-Tulsiram S/o Radhakishan, arrested in connection with FIR No.217/2022 Police Station Bekriya, District Udaipur, shall be released on bail; provided he executes a personal bond in the sum of Rs.1,00,000/-and two sureties of Rs.50,000/- 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.