SAXENA, J. - (1.) HEARD. Perused the challan papers.
(2.) IT appears that on 2. 6. 94 on receiving a secret information, the S. H. O. , P. S. , Surajpol raided room No. 102, Sunrise Hotel, Udaipur in the presence of motbirs where the petitioners Kamal Raju and Suresh and co-accused Chandran were found. The search of the accused persons was taken but nothing incriminating was recovered from the petitioners. However, 250 grams of brown sugar is alleged to have been recovered from the possession of co- accused Chandran. The S. H. O. also recovered an amount of Rs. Sixty one thousand from a brief-case. IT is alleged that the petitioners and co-accused Chandran who hail from Madras, were staying the said hotel and other hotels of Udaipur since 16. 5. 94 and both they had come there to purchase brown sugar. A careful perusal of the challan papers and the statements recorded by the I. O. reveals that no cogent evidence has been collected by the I. O. to prima facie show that these petitioners were either involved in purchase/trading or smuggling of brown sugar. The various witnesses examined by the I. O. in their police statements, have simply stated that many persons used to come to the petitioners and co-accused but they have not disclosed their names nor anything about their dealings. In such circumstances, I do not find reasonable grounds to believe that the petitioners have committed any offence punishable under the N. D. P. S. Act or that the petitioners are likely to commit any offence punishable under the aforesaid Act. Therefore keeping in view all the facts & circumstances of the case, to my mind, it is a fit case wherein the petitioners should be enlarged on bail. Accordingly, this petition is allowed and it is ordered that petitioners (1) Kamal Raju and (2) Suresh be released on bail provided each one of them executes his personal bond in the sum of Rs. Ten thousand and furnishes two sound & substantial sureties in the sum of Rs. Five thousand each to the satisfaction of learned Special Judge, N. D. P. S. Cases, Udaipur for his personal appearance before that Court in Sessions Case No. 148/94 on each & every date of hearing. Each one of the petitioner shall also give a written undertaking to the effect that he shall keep peace and be of good behaviour and that he shall not commit any offence under the N. D. P. S. Act during trial. .;