1 S.B.Cr.Misc. Bail App. No. 4024/2007 (Moti Lal Vs. State of Rajasthan) Date of order : 29/08/2007 HON'BLE MR.H.R.PANWAR, J. Mr. Sumer Dan for the petitioner. Mr. V.R.Mehta, Public Prosecutor. Heard learned counsel for the petitioner and the Public Prosecutor for the State. Perused the order impugned and police investigation diary. It is contended by learned counsel for the petitioner that by an agreement to sale dated 18.10.2006 executed on non-judicial stamp of Rs.100/-, the vehicle in question bearing Registration No.GJ 18 AA 8881 was sold to accused Sikandar Khan S/o Rahmat Khan and possession of the vehicle was also handed over to him and since then the purchaser Sikandar Khan was in power and possession of the vehicle in question as owner and it was he who alleged to have been transporting the contraband puppy husk in violation of provisions of NDPS Act. Learned counsel for the petitioner has relied on a decision of Hon'ble Supreme Court in Balwinder Singh Vs. Asstt. Commissioner Customs and Central Excise 2005 SCC (Cri) 1092. Looking to the facts and circumstances of the case and the fact that much prior to the occurrence the vehicle was sold by an agreement to sale in favour of Sikandar as also keeping in view the decision of Hon'ble Supreme Court in Balwinder Singh Vs. Asstt. Commissioner Customs and Central Excise (supra), having considered 2 the oral arguments advanced by both the parties, I think it just and proper to enlarge the accused petitioner on bail. Accordingly, this bail application filed under Sec. 439 Cr.P.C. is allowed and it is directed that petitioner Motilal S/o Phataji Thakur (parmar) be released on bail in CR No. 102/06 P.S. Bekaria (Udaipur) provided he executes a personal bond for a sum of Rs. 20,000/- with two sound and solvent sureties in the sum of Rs. 10,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial. (H.R.PANWAR), J. RP