Khyaliram S/O Shri Girdharilal ... vs State Of Rajasthan
2021 Latest Caselaw 158 Raj/2

          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      BENCH AT JAIPUR

          S.B. Criminal Miscellaneous Bail Application No.
                               10021/2020

Khyaliram S/o Shri Girdharilal Yadav, R/o Behroda, Ps Shahpura,
Distt. Jaipur, Raj. Accused Petitioner Is In J/c At Distt. Jail, Jaipur
                                                                        ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                      ----Respondent

For Petitioner(s) : Mr. Anoop Agarwal through VC For Respondent(s) : Mr. Deshraj Gosingha, PP Investigating Officer : Mr. Mahendra Yadav, Sub-Inspector, Police Station Shahpura

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

08/01/2021

1. Petitioner has filed this bail application under Section 439

Cr.P.C.

2. F.I.R. No.366/2020 was registered at Police Station

Shahpura, District Jaipur for offence under Sections 8, 21, 22 of

NDPS Act.

3. It is contended by counsel for the petitioner that petitioner

has remained in custody for more than five months. The licence of

the shop is not in name of the petitioner.

4. Learned Public Prosecutor has opposed the bail application.

5. Investigating Officer was directed to get the inventory

prepared. As per the Inventory, the total weight of the medicines

excluding weight of the wrapper, is 3kg and 902gms and the

(2 of 2) [CRLMB-10021/2020]

weight after including wrapper is 4 kg and 042 gms. It is also

contended that commercial quantity is 250 gms, whereas

contraband was recovered more than 3 kg and 902 gms in the

capsules. It is also contended that petitioner was found in

conscious possession of the seized articles and the case would fall

under Section 37 of the NDPS Act.

6. I have considered the contentions.

7. Considering the above fact, I am not inclined to entertain the

bail application.

8. This bail application is, accordingly, dismissed.

(PANKAJ BHANDARI),J

ARTI SHARMA /5

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