Mangi Lal S/O Shri Chogaram vs State Of Rajasthan
2021 Latest Caselaw 911 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

     S.B. Criminal Miscellaneous Second Bail Application No.
                                1046/2021

Mangi Lal S/o Shri Chogaram, R/o Olavi Ps Bilada Dist. Jodhpur
Raj. (Presently Accused Petitioner Confined In Sub Jail Chhabra
Dist. Baran)
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent

For Petitioner(s) : Mr. Sanjay Sharma present in the Court For Respondent(s) : Mr. Sher Singh Mahla, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

29/01/2021

1. Petitioner has filed this second bail application under Section

439 Cr.P.C.

2. F.I.R. No.85/2019 was registered at Police Station Mothpur

Distt. Baran for offence under Sections 8, 15 of NDPS Act.

3. Counsel for the petitioner has put the case on merit. From

the statement of Seizure Officer, it is revealed that there is serious

infirmities in the prosecution case.

4. Learned Public Prosecutor has opposed the second bail

application. He has placed reliance on "State of Kerala etc. vs

Rajesh etc," in Criminal Appeal No.154157/2020 decided by the

Apex Court on 24.01.2020, wherein the Apex Court has held that

Section 37 of NDPS Act creates specific bar on grant of bail.

(2 of 2) [CRLMB-1046/2021]

5. I have considered the contentions.

6. This Court does not want to go into merits of the case as

petitioner was spotted in the car with commercial quantity of

contraband.

7. Taking note of the judgment of the Apex Court referred

hereinabove, I am not inclined to entertain the second bail

application.

8. This second bail application is, accordingly, dismissed.

(PANKAJ BHANDARI),J

ARTI SHARMA /85

Powered by TCPDF (www.tcpdf.org)