Introduction:

In a recent development, the Rajasthan High Court granted bail to Koushala Ram, an accused under the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The case involved allegations of a gunfire exchange between the accused and police during a raid, resulting in the death of a co-accused and injuries to the applicant. Justice Rajendra Prakash Soni presided over the case, evaluating the conflicting claims of both parties.

Koushala Ram was apprehended during a police raid aimed at curbing narcotic activities. During the operation, a confrontation allegedly ensued, leading to an exchange of gunfire between the police and the accused. The incident reportedly resulted in the death of a co-accused and injuries to Koushala Ram. The police claimed to have recovered weapons and a substantial quantity of poppy straw from the vehicle of the accused.

Arguments:

The counsel for Koushala Ram vehemently denied the possession of weapons by the accused during the incident. They argued that the recovery of weapons and narcotics was fabricated by the police. Additionally, the defense questioned the police’s use of force, pointing out the absence of injuries among the police personnel, which suggested an excessive use of power. They also highlighted that the initial FIR did not mention the recovery of poppy straw, raising doubts about the prosecution’s narrative.

The special public prosecutor countered by asserting that the accused intended to murder the police, who survived only because of their bulletproof jackets. The prosecution emphasized that the accused was a habitual criminal with numerous pending cases against him. Given the severity of the alleged offenses, the prosecutor argued that granting bail would be inappropriate.

Court’s Judgment:

Justice Rajendra Prakash Soni, after careful consideration of the arguments, acknowledged several critical points that favored the defense. Firstly, no police personnel were injured during the incident, whereas the co-accused was killed, and Koushala Ram sustained injuries. Secondly, the alleged recovery of 332 grams of poppy straw from the accused’s vehicle was not mentioned in the FIR, despite the vehicle being inspected at the time of the incident. These inconsistencies provided substantial grounds for questioning the prosecution’s case.

The court concluded that Koushala Ram had valid reasons to challenge the prosecution’s claims, thus granting his bail application.