Mere Ownership Of Vehicle Unauthorisedly Carrying Contraband Doesn't Imply Involvement In Offence Under NDPS Act: Rajasthan High Court

While granting bail to an accused charged under the NDPS Act in relation to 964 Kgs of poppy straw, the bench of Justice Rajendra Prakash Soni at the Rajasthan High Court ruled that mere ownership or connection with the vehicle, from which the contraband was recovered, did not imply accused's knowledge or actual involvement in the crime.

The facts of the case were that the police found a vehicle parked at a crossroad which had a punctured tire, bullet marks on the driver's side door and blood on the driver's seat. When it was searched, 964 Kgs of poppy straw was recovered. During investigation, the petitioner was identified as the owner of the vehicle and its driver at the time of transport of the contraband.

It was alleged that the petitioner fired rounds at the police, drove the vehicle through the blockade, parked it at the crossroads, and fled. When apprehended later, by the police, he confessed to his involvement in the incident.

After perusing the records of the case, the Court highlighted that no contraband was directly recovered from the petitioner but from an abandoned vehicle which created uncertainty about the petitioner's involvement in the matter.

“There are no independent witnesses linking the petitioner directly to the transportation of contraband. His mere ownership or connection to the vehicle does not conclusively imply his knowledge or actual involvement in the crime.”

The Court further observed that the confessions made to the police officer by the petitioner while being in custody were not admissible as evidence since those might have been made under duress or pressure, making it unreliable.

Accordingly, the bail application was allowed.

Title: Jassa Ram v State of Rajasthan

Citation: 2024 Livelaw (Raj) 311

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