Rajasthan High Court - Jodhpur
Paramjeet Singh vs State Of Rajasthan on 14 December, 2021
Bench: Anoop Kumar Dhand
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 14625/2021
Paramjeet Singh S/o Sh. Jagjeet Singh, Aged About 38 Years,
R/o Chak 20 G.b., P.s. Sri Vijaynagar, Dist. Sri Ganganagar. (At
Present Lodged In Sub Jail, Raisinghnagar, Dist. Sri
Ganganagar).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 13646/2021
Kuldeep Singh S/o Sh. Harmandar Singh, Aged About 24 Years,
18, G.b., P.s. Srivijaynagar, Dist. Sriganganagar. (At Present
Lodged In Sub Jail, Raisinghnagar Dist. Sri Ganganagar).
----Petitioner
Versus
State Of Rajasthan-State, Through Pp
----Respondent
For Petitioner(s) : Mr. BS Sandhu
Mr. NR Budhania
Mr. Ratish Bhatnagar
For Respondent(s) : Mr. Vikram Sharma, PP
HON'BLE MR. JUSTICE ANOOP KUMAR DHAND
Order
14/12/2021
The present bail applications have been filed on behalf of the
petitioners under Section 439 Cr.P.C, who have been arrested in
connection with FIR No.222/2021, Police Station Vijaynagar,
District Sriganganagar, wherein, petitioner-Paramjeet Singh has
been charged for the offences punishable under Sections 8/21 &
(2 of 3) [CRLMB-14625/2021]
25 of NDPS Act and petitioner-Kuldeep Singh has been charged for
offence punishable under Sections 8/22 of NDPS Act.
It is contended on behalf of both the petitioners that two
separate recovery of 150 grams of Tramadol Prolonged Release
tablets have been effected from the possession of both the
petitioners, which is less than commercial quantity. It is also
contended that the petitioners are not having any criminal
antecedents and there are no other cases of similar nature against
the petitioners It is further contended that after investigation
chargesheet has been submitted. It is also contended on behalf of
the petitioners that while rejecting the bail applications, the court
below has wrongly treated the joint recovery at the instances of
three accused persons as more than the commercial quantity. In
support of their contention the petitioners have relied upon the
order dated 01.10.2014 passed by the Coordinate Bench of this
Court in SB CRLMB No.7755/2014 Beenja Ram Vs. State of
Rajasthan in which it has been held that the recovery of
contraband from the co-accused cannot be added in the recovery
of the other accused persons to bring it within the meaning of
commercial quantity.
Counsel for the petitioners further relied upon the judgment
rendered by in case of Amar Singh Ramjibhai Barot Vs. State of
Gujarat reported in 2005 (7) SCC-550. The fact is also not
disputed by the learned Public Prosecutor that in the present case
150 grams of Tramadol Prolonged Release tablets each is
recovered from the possession of the petitioners, which is less
than commercial quantity.
Per contra, learned Public Prosecutor opposed the bail
application. Looking to the view taken by the Coordinate Bench of
(3 of 3) [CRLMB-14625/2021]
this Court, without expressing any opinion on merits and demerits
of the case, this Court is of the opinion to accept the bail
application.
Accordingly, the bail application filed under Sec.439 Cr.P.C. is
allowed and it is directed that petitioners (1) Paramjeet Singh S/o
Sh. Jagjeet Singh (2) Kuldeep Singh S/o Sh. Harmandar Singh,
shall be released on bail in connection with FIR No.222/2021
Police Station Vijaynagar, District Sriganganagar provided they
execute personal bond in a sum of Rs.50,000/- each with two
sound and solvent surety of Rs.25,000/- each to the satisfaction of
learned trial court for their appearance before that court on each
and every date of hearing and whenever called upon to do so till
the completion of the trial.
(ANOOP KUMAR DHAND),J
25-26 nidhi/-
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