No Exclusive & Conscious Possession Of Contraband: Rajasthan High Court Grants Bail To Woman Who Only Accompanied NDPS Accused In Same Car

Rajasthan High Court recently granted bail to a woman charged under the NDPS Act after she was found sitting with the primary accused in the car from which 77 Kg of contraband was recovered.

The bench the of Justice Farjand Ali took into account the plea of the petitioner that she was not having exclusive and conscious possession of the contraband, and was merely accompanying the primary accused in the car without having any knowledge regarding the presence of the contraband in the car.

The Court also highlighted that nowhere in the charge sheet it was revealed that either the petitioner was having any knowledge of the contraband in the car or she was in contact with any of the other co-accused other than the primacy accused in the case.

“As on date, the plea raised on her behalf that while going somewhere, the accused Rajendra Jat asked the petitioner to accompany him and she joined his company just before the car was intercepted; cannot be ignored at this stage.”

The Court further opined that the fact that the contraband was kept in the dickey of the car also strengthened the petitioner's plea that she failed to notice the presence of the contraband in the car when she accompanies the primary accused.

In this background, the Court stated that the woman was merely sitting in the car without having any nexus with the poppy husk. And her plea of not having any exclusive and conscious possession of the contraband could not be ruled out particularly at the stage when a bachelor girl was behind bars.

Accordingly, the bail petition was allowed.

Title: Muskan v State of Rajasthan

Citation: 2024 LiveLaw (Raj) 336

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