Ramesh Kumar vs State
2021 Latest Caselaw 1067 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Mis. Second Bail Application No. 8356/2020

Ramesh Kumar S/o Sonaram, Aged About 32 Years, By Caste Kamboj, R/o Manewala, Tehsil Suratgarh, Sri Ganganagar, Rajasthan. (Presently Lodged In Sub Jail Suratgarh).

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

                                                                ----Respondent


For Petitioner(s)        :     Mr. N.K. Sharma
For Respondent(s)        :     Mr. A.R. Choudhary, PP



            HON'BLE MR. JUSTICE VIJAY BISHNOI

                         Judgment / Order

14/01/2021

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. 306/2018 of

Police Station Jestar District Sriganganagar for the offences

punishable under Sections 8/21, 22 & 29 of NDPS Act. He has

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

Learned counsel for the petitioner has submitted that as per

prosecution story, huge quantity of tablets and capsules containing

narcotic substances recovered at the instance of the petitioner is

above commercial quantity. Learned counsel for the petitioner has

submitted that the petitioner is in custody from last more than two

years and trial of the case is not proceeding, therefore, the

petitioner is entitled to be enlarged on bail.

(2 of 2) [CRLMB-8356/2020]

Per contra, learned public prosecutor has opposed the bail

application and submitted that huge quantity of tablets and

capsules containing narcotic substances recovered at the instance

of the petitioner is above commercial quantity and therefore, he is

not entitled to be enlarged on bail as per Section 37 of the NDPS

Act.

Having regard to the totality of the facts and circumstances

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

offence and particularly taking into consideration the fact that the

huge quantity of tablets and capsules containing narcotic

substances has been recovered at the instance of the petitioner,

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

26-Arun/-

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