- (1.) THE present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in custody in connection with FIR No.6/2013 registered by the Central Narcotics Bureau, Udaipur for the offences under Sections 8/18 and 29 of the NDPS Act.
(2.) FACTS in brief: - Acting on a prior information, a joint team of officials from Central Narcotics Bureau, Udaipur and Chittorgarh searched the house of the accused Mohandas on 27.10.2013. Upon the search being taken, illicit opium weighing 2.6 Kgs. was recovered from the premises. Mohandas upon being interrogated, gave an information that the opium was supplied by his brother -in -law Mangudas, who had brought the same in a Maruti Van and that more opium could be recovered from the house of Mangudas. Acting on the said information on the very same day, the house of Mangudas was searched and from his possession, 3.750 Kgs. of illicit opium was recovered. Mangudas upon being interrogated by the officials disclosed that he had brought the opium from the petitioner Ghisa Nath. The investigation was handed over to the Inspector Devi Lal Rathore. He recorded the statements of Mohandas and Mangudas under Section 67 of the NDPS Act on 28.10.2013. Both the accused were subjected to medical examination on 28.10.2013 and were thereafter, produced before the concerned court from where, they were sent to judicial custody.
(3.) ACTING on the information given by Mangudas, a raid was conducted at the house of petitioner Ghisa Nath at the village Chawandia, Tehsil Begun, District Chittorgarh on 28.10.2013 by a team headed by J.L.Meena, Superintendent Dy.Narcotics Commissioner, Kota. The petitioner was not found present at his house. No incriminating recovery whatsoever was made from the premises. It is alleged that the Inspector Devi Lal Rathore issued repeated summons to the accused under Section 67 of the NDPS Act directing him to remain present for investigation. In the meantime, another accused namely Rajesh @ Rajkumar Soni was apprehended and after recording his statement under Section 67 of the NDPS Act, he was also remanded to judicial custody. A summon was again issued to the petitioner Ghisa Nath under Section 67 of the NDPS Act on 24.12.2013 directing him to appear in the office of the Superintendent, Central Narcotics Bureau, Udaipur on 8.1.2014. The accused allegedly appeared voluntarily before the Inspector on 24.2.2014. As per the notings on the statement, the Inspector Devi Lal Rathore purportedly started recording the petitioner's statement on 24.2.2014 at the Office of the Central Narcotics Bureau at Chittorgarh at 10 AM. A copy of the statement has been placed on record. The statement recorded bears a certification by the Inspector that he recorded the statement at 10 AM in the morning. The statement was concluded at 1400 Hrs in one continuous sitting. The petitioner was then arrested vide arrest memo prepared at 1430 Hrs. Another material document available on record is the application submitted by the Inspector Devi Lal Rathore to the Medical Jurist, Government Hospital, Chittorgarh on 24.2.2014 requesting him to carry out the petitioner's mandatory medical examination subsequent to his arrest. The document has a very material bearing for the disposal of this bail application and thus is reproduced hereinbelow: JUDGEMENT_55_LAWS(RAJ)8_2014.jpg JUDGEMENT_55_LAWS(RAJ)8_12014.jpg The most glaring fact revealed from perusal of the document shows that Ghisa Nath was placed under arrest and thereafter produced before the medical jurist by Shri Devi Lal Inspector. The medical jurist, who is a public servant noted on the application for medical examination that the accused was produced before him for medical examination at 1.30 PM. No injuries were found on the person of the accused. The document is signed by Sh.Devi Lal Rathore the Inspector.;