Tinku @ Arpit vs State
2021 Latest Caselaw 3302 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 8303/2020

Tinku @ Arpit S/o Shri Pradeep Kumar, Aged About 26 Years, Near Aadarsh Public School, Setia Colony, Sri Ganganagar. At Present Resident Of Gali No. 03, Basanti Chowk, Sri Ganganagar (Raj.). (At Present Lodged In Central Jail, Sri Ganganagar).

----Petitioner Versus State, Through P.p.

----Respondent

For Petitioner(s) : Mr. Rakesh Matoria For Respondent(s) : Mr. Shrawan Bishnoi, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

05/02/2021

Heard the learned counsel for the petitioner as well as the

learned Public Prosecutor and perused the material available on

record.

The petitioner has been arrested in FIR No. 86/2019 of Police

Station Sadar, District Sriganganagar for the offences punishable

under Sections 8/22, 29 NDPS Act. He has preferred this bail

application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that the

petitioner has falsely been implicated in this case. It is also

submitted that mandatory procedure laid down under the NDPS

Act for seizing of narcotic contraband has not been followed in the

present matter. It is also submitted that the petitioner is in

custody since 2019 and trial of the case will take time, therefore,

he is entitled to be enlarged on bail.

Per contra, learned Public Prosecutor has opposed the bail

application and submitted from the evidence of prosecution

witnesses, it is clear that the mandatory procedure laid down

under the NDPS Act has been complied with. It is further

submitted that 121 vials of cough syrups containing narcotic

substance weighing 16 kgs 698 gms have been recovered from

the possession of the petitioner which is above commercial

quantity, therefore, he is not entitled to be enlarged on bail in

view of provisions of Section 37 of the NDPS Act

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 petitioner.

Accordingly, the bail application preferred by the petitioner

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

(VIJAY BISHNOI),J

Surabhii/9-

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