Malkit Singh @ Soni vs State Of Rajasthan
2021 Latest Caselaw 2171 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 1107/2021

Malkit Singh @ Soni S/o Sh. Boga Singh, Aged About 40 Years, R/o Ward No. 21, Tibbi P.s. Tibbi District Hanumangarh. (Presently Lodged In District Jail, Hanumangarh).

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

----Respondent

For Petitioner(s) : Mr. Pankaj Kumar Gupta For Respondent(s) : Mr. Mahipal Bishnoi, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

27/01/2021 Heard learned counsel for the petitioner as well as learned

Public Prosecutor and also perused the material on record.

The petitioner has been arrested in FIR No.86/2020 of Police

Station Tibbi, District Hanumangarh for the offences punishable

under Sections 8/15 and 18 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

the prosecution story, total 80 opium plants were recovered from

the petitioner and the total weight of those plants is 3.148 kgs. It

is submitted that as per the notification dated 16.07.1996, issued

by the Central Government, specifying small and commercial

quantity and the Section 18(C) of NDPS Act, the maximum

punishment can be awarded to an accused person for possessing

(2 of 2) [CRLMB-1107/2021]

opium plant is up to 10 years, therefore, Section 37 of NDPS Act is

not applicable in the matter.

Learned Public Prosecutor has opposed the bail application.

Having regard to the totality of the facts and circumstances

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

case, I deem it just and proper to grant bail to the accused

petitioner under Section 439 Cr.P.C.

Accordingly, this bail application filed under Section 439

Cr.P.C. is allowed and it is directed that petitioner Malkit Singh @

Soni S/o Sh. Boga Singh shall be released on bail in connection

with FIR No.86/2020 of Police Station Tibbi, District Hanumangarh

provided he executes a personal bond in a sum of Rs.50,000/-

with two sound and solvent sureties of Rs.25,000/- each to the

satisfaction of learned trial court for his appearance before that

court on each and every date of hearing and whenever called upon

to do so till the completion of the trial.

(VIJAY BISHNOI),J

34-Arun/-

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