RAJIV ALIAS SANJU Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS order shall dispose of above titled bail petitions preferred by the Petitioners under Section 439 of the Code of Criminal Procedure, as having been arisen from the same FIR No. 229 of 2009, registered on 25th November, 2009 in Police Station, Boileauganj.

(2.) TO be brief, the prosecution case is that on 25th November, 2009 at about 4.10 a.m. at a place known as "Sola Meel", taxi No. HP01A -6515, which was being driven by Rajiv alias Sanju, was intercepted by police party headed by ASI Harjit Singh and noticed that Petitioner Vinod Kumar was sitting in front seat and Rajiv Petitioner was on the driving wheel and three other persons, namely Tapat Bhadur, Nain Bahadur, both Nepalese alongwith one Jameel resident of Bihar were occupying the rear seat. During checking of the taxi (Alto Car), which was going towards Bilaspur, a bag was found containing Charas weighing 1.850 kilograms from the beneath seat of the driver on the back side lying towards the other passengers sitting on the rear seat. The entire Charas was sealed and other formalities were also completed on the spot, thereafter the entire stuff was sent for its examination to the Forensic Science Laboratory, Jung. It tested positive and the resin contents were found to be 26.12% weight in weight.

(3.) LEARNED Counsel for the Petitioners submitted that as per the prosecution case, the taxi was hired by the above named Nepalese and their co -accused Jameel in the odd hours of the night, first to go to Kandaghat and then to Bilaspur. Since the taxi was engaged in the odd hours of the night, as an abundant caution Petitioner Rajiv alias Sanju took Vinod Kumar, his friend, alongwith him. Although, the police had recovered the alleged contraband from the taxi in question, but according to him, no knowledge can be attributed to the Petitioners, as the bag in question belonged to the co -accused seating on the rear seat.