1 1 S.B. CRIMINAL MISC. BAIL APPLICATION NO. 3254/2009. Ishwar Singh Vs. The State of Rajasthan Date of Order :: 15th December 2009. HON'BLE MR. JUSTICE DINESH MAHESHWARI Mr. Rajendra Charan, for the petitioner. Mr. Anil Joshi, Public Prosecutor. ... BY THE COURT: The petitioner is an accused in FIR No. 233/2009, Police Station Nimbahera, District Chittorgarh wherein, after investigation, charge-sheet has been filed for the offences under Sections 8/15, 8/29 of the Narcotic Drugs and Psychotropic Substances Act essentially with the accusation that a vehicle bearing registration number RJ 09 UA 1511, when intercepted in a nakabandi, was found carrying 425 kilograms of the contraband (Doda Chura). The accusation against the petitioner has been that he was one of the persons occupying the said vehicle and when the vehicle was intercepted, he attempted to run away from the site. The learned counsel for the petitioner has shown the challan papers relating to the case and has strenuously argued that there is not even a semblance of evidence available on record so as to connect the petitioner with any 2 kind of offence; that the connectivity of the petitioner with the contraband or even the vehicle used in transportation has not been shown; that the petitioner had only taken a lift in the vehicle and else, he was neither the owner nor the driver of the vehicle. The learned counsel further submitted that from a comprehension of the evidence as suggested by the Investigating Agency, it is but apparent that all the basic accusations are directed towards, and the evidence is also co- related with, the other accused Satya Narayan, who was said to be driving the vehicle, who allegedly divulged the names of the other persons, and who allegedly verified the site. The learned counsel further submitted that even the FSL report has not been received yet and it cannot be assumed at this stage that the articles seized were contraband only. The learned counsel also urged that the petitioner has not been shown involved in any kind of dealing in contraband; and no useful purpose would be served with his detention further in this matter. Having given a thoughtful consideration to the submissions made by the learned counsel for the petitioner and having examined the material placed for perusal before the Court, looking to the nature of accusations and the quantity of alleged contraband involved in the matter, at this stage of 3 the proceedings, this Court does not find it a fit case for grant of bail to the petitioner. Accordingly, this bail application under Section 439 Cr.P.C. moved on behalf of the petitioner Ishwar Singh S/o Gora Dan stands rejected at this stage. However, if the petitioner makes a request to the learned Trial Court for expeditious proceedings, the same be given due consideration. (DINESH MAHESHWARI), J. //Mohan//