1 12 S.B.CRIMINAL MISC. BAIL APPLICATION NO.4581/2009 Kuka Vs. The State of Rajasthan DATE OF ORDER : 14th December 2009 HON'BLE MR.JUSTICE DINESH MAHESHWARI Mr.J.S.Choudhary,for the petitioner. Mr.Anil Joshi,Public Prosecutor for State. .... BY THE COURT The petitioner is accused in FIR No.139/2009, Police Station Mandalgarh, District Bhilwara wherein after investigation charge-sheet has been filed for the offences under Sections 8/15 and 8/29 of the NDPC Act. In this case, the petitioner is essentially accused of the offence under Section 8/29 of the NDPS Act in the background that on 10.07.2009, about 292 kilograms of the contraband (Doda Chura) was recovered in a vehicle; the co-accused Kanhaiya Lal s/o Shanker Lal was allegedly in possession of and driving the said vehicle who allegedly eloped from the site after the vehicle met with an accident; and the said co- accused Kanhaiya Lal, arrested on 23.07.2009, allegedly divulged the information that from out of the quantity aforesaid, 100 kilograms of contraband was supplied by the present petitioner Kuka s/o Ganga Ram Dhakad. The present petitioner was arrested in this case on 28.07.2009 and after investigation, challan has been filed as aforesaid. 2 The learned counsel for the petitioner has strenuously contended that so far the present petitioner Kuka is concerned, there is no legal evidence available on record so as to connect him with the crime; and that no recovery has been made from the possession of the petitioner. The learned counsel further submitted that the information, if any, given by the principal accused Kanhaiya Lal would not have any relevance and would not be admissible against the present petitioner. The learned counsel yet further submitted that even if a remote suggestion is sought to be made against the petitioner with reference to the alleged site verification, no incriminating material or article having been found at the site, the accusation against the petitioner remains hollow and baseless. The learned Public Prosecutor has opposed the bail application particularly with reference to the information as stated by the co-accused Kanhaiya Lal (at page 72 of the papers supplied to the Court), the site verification as made on the information of the said co-accused (at page 73), the information as supplied by the petitioner Kuka (at page 80) and the site verification at the instance of the petitioner (at page 78). 3 The matter being at the initial stage, this Court would not be making any comments on the merits of the case but looking to the nature of accusations and the gravity of the matter, at this stage of the proceedings, this Court does not feel persuaded to grant indulgence to the petitioner. Having regard to the circumstances, this bail application as moved by the petitioner Kuka s/o Ganga Ram under Section 439 Cr.P.C. stands rejected at this stage. However, if the petitioner makes a request before the learned Trial Court for expeditious proceedings in the matter, the same be given due consideration. (DINESH MAHESHWARI),J. s.soni