Rajasthan High Court - Jodhpur

Shishpal @ Sanjay Kumar vs State Of Rajasthan (2024:Rj-Jd:10966) on 1 March, 2024

Author:
Rajendra Prakash Soni

Bench:
Rajendra Prakash Soni

[2024:RJ-JD:10966]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 10994/2023

Shishpal @ Sanjay Kumar S/o Jagdish Chandra, Aged About 31
Years, R/o Mallarkhera P.s. Tibbi Dist. Hanumangarh. At Present
Near K.r. School, Sangaria Tehsil Sangaria Dist. Hanumangarh
(At Present Lodged In Dist. Jail, Hanumangarh)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent

For Petitioner(s) : Mr. Achala Ram
For Respondent(s) : Mr. Vikram Sharma, PP

HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI

Order

Reportable
01/03/2024

1. The petitioner has approached this Court under
Section 439

of the Cr.P.C. seeking bail. He has been arrested for violating the

provisions of the
Narcotic Drugs and Psychotropic Substances Act,
(NDPS Act
) as per FIR No.85/2023 registered at Police

Station Pilibanga, District Hanumangarh in respect of offence(s)

punishable under Section(s) 8/15 of
Narcotic Drugs and

Psychotropic Substances Act, 1985
.

2. The first application for bail was disposed of without

considering the merits of the case since it was not pressed by the

petitioner.

3. On the basis of a seizure effected by Sushil Kumar, SHO

Station Pilibanga, District Hanumangarh, a formal FIR mentioned

above was registered against the accused alleging inter alia that

(Downloaded on 05/03/2024 at 08:37:27 PM)

[2024:RJ-JD:10966] (2 of 4) [CRLMB-10994/2023]

on February 16, 2023, at about 2:40 pm, on the road from

Suratgarh to Hanumangarh, near Radha Swami Dera, SHO Sushil

Kumar of Pilibanga police station stopped a bus number RJ-31-PA-

4432 during a blockade. It was suspected that some contraband

was kept in the bus. Sanjeev @ Sanjay Kumar was driving the

bus. Upon being searched, 342 kg of poppy straw was recovered

from the luggage box of the bus. Sanjeev @ Sanjay Kumar stated

that he and Shishpal had brought this contraband. Shishpal had

disembarked along the way.

4. Shri Achala Ram, learned counsel representing the petitioner

vehemently urged that the alleged contraband was recovered from

the possession of Sanjeev @ Sanjay Kumar, who was driving the

bus. The applicant was neither found nor arrested on the spot. He

has been implicated to this case solely on the information of co-

accused since he was conductor of the bus. He was arrested three

days after the incident. The recovered contraband was not

exclusively and consciously in his possession. It is also argued that

petitioner is innocent person and a false case has been foisted

against him; that nothing has been recovered from possession of

the petitioner; that case of the prosecution is based on surmises

and conjectures instead of sound legal evidence. With the

aforesaid submissions, it was prayed that the present petition be

allowed and petitioner may be enlarged on bail.

5. Whereas, learned Public Prosecutor would submit that these

are factual issues which cannot be addressed at this stage and

ought to be determined only after trial. The contraband was jointly

acquired by both Sanjeev and Shishpal. It was submitted that the

Investigating Officer had collected overwhelming evidence in the

(Downloaded on 05/03/2024 at 08:37:27 PM)

[2024:RJ-JD:10966] (3 of 4) [CRLMB-10994/2023]

case which would prima-facie point towards the guilt of the

accused. Contraband of commercial quantity has been seized form

the accused; that the restrictions of
Section 37
of the N.D.P.S. Act

clearly operate against the petitioner. He thus, craves rejection of

the petitioner's bail application.

6. Heard the arguments advanced by learned counsel for the

applicant, learned Public Prosecutor and carefully perused the

entire material available on record.

7. Having regard to the facts of the case and taking into

account totality of circumstances, in my considered opinion, the

submissions made by learned counsel for the petitioner cannot be

overlooked. Particularly, the fact that petitioner was neither found

on the spot nor in possession of the contraband at the time of

recovery; that he has been arrested after three days of recovery;

that only on the basis of information of co-accused, he has been

arraigned as an accused; that such information of the co-accused

recorded by a police officer, prima-facie not to be treated relevant

for proceeding against any other accused; that the bail rejection

order goes to show that he is not involved in any other case under

the
N.D.P.S. Act
; that trial is likely to consume considerable time

and no useful purpose would be served by keeping him in

detention for an indefinite period.

8. Hence, in view of above facts and circumstances, this Court

feels that the accused has available to him, substantial grounds so

as to challenge the prosecution case and also of the opinion that

the restriction contained in
Section 37
of NDPS Act does not

operate to the prejudice of the petitioner. The petitioner is in

custody for the last one year; the bail rejection order goes to

(Downloaded on 05/03/2024 at 08:37:27 PM)

[2024:RJ-JD:10966] (4 of 4) [CRLMB-10994/2023]

show that he is not involved in any other case under the
NDPS

Act
.

9. Be that as it may, while desisting to make any comment on

merits, I feel persuaded to exercise discretion in favour of

petitioner for enlarging him on bail.

10. Consequently, the bail application is allowed. It is ordered

that the accused-petitioner Shishpal @ Sanjay Kumar S/o

Jagdish Chandra in F.I.R. No.85/2023 of Police Station Pilibanga,

District Hanumangarh shall be released on bail; provided he

furnishes a personal bond of Rs. 1,00,000/- and two surety bonds

of Rs. 50,000/- 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 and if not required

by Jail Authorities in any other case. This order is subject to the

condition that accused, within 7 days of his release and sureties,

on the day of furnishing bail, will also furnish details of their all

bank accounts, with bank and branch name, in shape of an

affidavit, and submit legible copy of their Aadhar cards as well as

front page of Bank pass book, for smooth recovery of penalty

amount, if there arise a need for recovery of penalty under

Section 446
Cr.P.C in future.

(RAJENDRA PRAKASH SONI),J

6-Payal/-

(Downloaded on 05/03/2024 at 08:37:27 PM)

Powered by TCPDF (www.tcpdf.org)