20 February 2024 Bail and Antcipatory Bail >> Criminal Law  

The Rajasthan High Court at Jodhpur has granted bail to Budharam S/o Shri Pemaram, arrested for allegedly permitting his vehicle to be used for transporting illegal drugs. This case highlights the importance of proving the accused's knowledge of the crime in Narcotic Drugs and Psychotropic Substances Act (NDPS) cases.

Budharam was booked under Sections 8/15, 25, and 29 of the NDPS Act for a vehicle registered under his name being found carrying contraband substances. He argued that Ladu Ram had deceived him into signing documents that made Budharam the vehicle's legal owner.

The court, while acknowledging Budharam's ownership, pointed out the lack of evidence from the prosecution to establish his knowledge about the illegal activity. The absence of proof that Budharam knowingly allowed his vehicle to be used for transporting drugs was a key factor in the bail decision.

This case reiterates a crucial aspect of NDPS Act prosecutions - the need to demonstrate the accused's awareness of the crime. Simply owning a vehicle involved in transporting illegal substances isn't sufficient for conviction. The court emphasized this principle, citing Supreme Court judgements where owners were acquitted due to a lack of evidence regarding their knowledge.

In conclusion, the Rajasthan High Court's bail order underscores the importance of the prosecution establishing the accused's knowledge in NDPS cases. This decision safeguards individuals from being penalized solely due to vehicle ownership when they were unaware of its illegal use.

  Narcotic Drugs and Psychotropic Substances Act, 1985