SANDEEP MEHTA,J. - (1.) Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
(2.) The instant bail application under Section 439 Cr.P.C. has been preferred on behalf of the petitioner who is in custody in connection with F.I.R. No.114/2012, registered at Police Station Dangiawas, District Jodhpur for the offences under Sections 8/18 of the NDPS Act.
(3.) As per the prosecution case, a source information was received that Dheema Ram son of Peeraram, resident of Jaleli Fozdara and the petitioner were indulged in illicit trade of opium and poppy straw and that they were about to procure a huge consignment of illicit opium for supplying the same to various customers in a Pajero vehicle No.RJ-14-UA-2431. The information was considered to be reliable and thus was taken down in writing and a raid party of the officials of P.S. Dangiyawas was formed. It is alleged that on 15.07.2012, at about 12.25 am. the police party reached the dhani of Dheema Ram. The SHO and his companions entered the dhani after opening its gate and saw that a Pajero vehicle No. No.RJ-14-UA-2431 was being driven out. On seeing the police party, one person got down from the Pajero vehicle and threw down a plastic bag and ran away. The car was apprehended and the person sitting on the driver seat disclosed his name to be Ratanlal. After due formalities, the SHO proceeded to search the Pajero vehicle from which, 30 Kgs. of opium milk, a 12 bore gun double barrel and cartridges were recovered. Ratanlal, on inquiry, immediately disclosed that the person who had ran after throwing down the plastic bag was none other than the present petitioner Jamna Lal. The plastic bag thrown by the petitioner was searched and 10 Kgs. opium was recovered from it. After initial investigation, charge-sheet was filed against Ratanlal while keeping the investigation pending against the present petitioner and Dheema Ram. Dheema Ram was arrested in the year 2013. The police could finally lay hands on the petitioner Jamna Lal and he was arrested on 31.12.2013. Since then, he is in custody and has approached this Court by way of this application for bail preferred under Section 439 Cr.P.C.;