Kalu vs State Of Rajasthan
2021 Latest Caselaw 2842 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 7949/2020

1. Kalu S/o Jagdishprasad, Aged About 22 Years, B/c Brahmin, R/o Mortanki Luhariya, P.s. Parsoli, Dist. Chittorgarh (Raj.). (At Present Lodged At Dist. Chittorgarh).

2. Pradeep Sharma S/o Kishanlal Sharma, Aged About 24 Years, B/c Brahmin, R/o Pachuda, P.s. Begun, Dist. Chittorgarh (Raj.). (At Present Lodged At District Chittorgarh).

----Petitioners Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Gulam Moinuddin For Respondent(s) : Mr. Mohd. Javed Gauri, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

02/02/2021

Heard the learned counsel for the petitioners as well as the

learned Public Prosecutor and perused the material available on

record.

The petitioners have been arrested in FIR No.325/2018 of

Police Station Ratangarh, District Churu for the offences

punishable under Sections 8/18 and 8/29 of NDPS Act. They have

preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioners has submitted that the

petitioners have falsely been implicated in this case. It is also

submitted that though as per the recovery memo, police have

allegedly recovered 7 kgs of opium whereas, in the inventory

(2 of 2) [CRLMB-7949/2020]

prepared, the weight of opium is shown as 7 kgs 354 gms. It is

also submitted that from the above, it is clear that the alleged

recovery of opium is not in accordance with the procedure. It is

further submitted that the petitioners are in custody since long,

therefore, they are entitled to be enlarged on bail.

Per contra, learned Public Prosecutor has opposed the bail

application and has submitted that the allegation against the

petitioners is to the effect that they were transporting 7 kgs of

opium which is above commercial quantity and taking into

consideration of these facts, the petitioners are not entitled to be

enlarged on bail.

Having regard to the totality of the facts and circumstances

of the case and looking to the nature of accusation and gravity of

the offence, without expressing any opinion on the merits of the

case, I am not inclined to grant bail under Section 439 Cr.P.C. to

the petitioners.

Accordingly, the bail application preferred by the petitioners

under Section 439 Cr.P.C. is rejected.

(VIJAY BISHNOI),J

Surabhii/19-

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