Baljeet Singh vs State Of Rajasthan
2021 Latest Caselaw 12987 Raj

                                      (1 of 2)                   [CRLMP-2574/2021]


      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
              S.B. Criminal Misc(Pet.) No. 2574/2021

Baljeet Singh S/o Balkar Singh, Aged About 33 Years, Rana, P.s.
Fazilka Sadar Dist. Fazilka (Punjab).
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent


For Petitioner(s)         :     Mr. Kailash Khilery
For Respondent(s)         :     Mr. Farzand Ali, GA cum AAG assisted
                                by Mr. Gaurav Singh, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                     Order

19/08/2021

     In wake of second surge in the COVID-19 cases, abundant

caution is being maintained, while hearing the matters in Court,

for the safety of all concerned.

     The petitioner has preferred this misc. petition praying that

the order dated 05.09.2020 passed by learned Special Judge,

NDPS Cases, Bhinmal, District Jalore in Criminal Misc. Case

No.16/2020 (NDPS Case No.006/2019 State Vs. Baljeet Singh &

Ors.) arising out of FIR No.36/2018 Police Station Chitalwana,

District Jalore for the offence under Sections 8/21, 25, 29, 67 of

NDPS Act be set aside, whereby the learned court below has

rejected the application filed by the petitioner under Section 457

Cr.P.C.

     Learned counsel for the petitioner without going into the

merits of the case seeks amount of Rs.3,00,000/- to be released

in favour of the petitioner.

                     (Downloaded on 19/08/2021 at 09:10:18 PM)
                                                                         (2 of 2)                   [CRLMP-2574/2021]



                                         The learned counsel for the petitioner has relied upon

                                   Sunderbhai Ambalal Desai vs. State of Gujarat, (2002) 10

                                   SCC 283, to contend that the Supreme court has held that the

                                   valuable articles, currency notes should not be permitted to kept

                                   for a long time at police station.

                                         Learned Public Prosecutor is not in a position to refute the

                                   above position.

                                         Relying upon the judgment of the Supreme Court in the case

                                   of Sunderbhai Ambalal Desai (supra), the present petition is

                                   allowed and the trial court is directed to release the amount of

                                   Rs.3,00,000/- on supardaginama in favour of petitioner on usual

                                   conditions, which the trial court deems fit, provided he furnishes a

                                   bank guarantee of Rs.3,00,000/- with the trial court. The disposal

                                   of the bank guarantee shall be in accordance with the final

                                   directions to be passed by the learned trial court after conclusion

                                   of the trial.


                                                                (DR. PUSHPENDRA SINGH BHATI),J.

39-Zeeshan

Powered by TCPDF (www.tcpdf.org)