Daudayal S/O Girrajmal Sharma vs State Of Rajasthan
2021 Latest Caselaw 2210 Raj/2

          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      BENCH AT JAIPUR

 S.B. Criminal Miscellaneous Bail Application No. 529/2021

Daudayal S/o Girrajmal Sharma, Aged About 50 Years, R/o
Chhipon Ka Mohalla, Purani Tonk, Thana Purani Tonk, Dist. Tonk
(Raj.) (At Present Confined In Central Jail Ajmer)
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through Pp
                                                                ----Respondent

For Petitioner(s) : Mr. Sunil Kumar Jain For State : Mr. Riyasat Ali, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

09/03/2021

1. Petitioner has filed this bail application under Section 439

Cr.P.C.

2. F.I.R. No.209/2019 was registered at Police Station Purani

Tonk, District Tonk for offence under Sections 8/20 NDPS Act.

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

below has erred in rejecting the prayer for the first bail

application. It is contended that petitioner was arrested on 14 th of

October 2019. The matter pertains to commercial quantity, hence,

challan ought to have been filed by April 2020. It is also

contended that no application was moved by the prosecution for

extension of the time for filing of the challan. Charge-sheet has

been filed on 7th of May 2020. It is further contended that

petitioner has been made an accused under Section 8/29 of NDPS

(2 of 2) [CRLMB-529/2021]

Act. Recovery was not effected from the petitioner and was

effected from the premises of Nenu Gurjar.

4. Learned Public Prosecutor has opposed the bail application. It

is contended that application for default bail was filed after filing of

the charge-sheet on 12th of May 2020, hence, petitioner is not

entitled for default bail. It is also contended that secret

information was received that petitioner was dealing with the

contraband and at the time of search of premises of Nenu Gurjar,

petitioner was also arrested from the same spot at wee hours of

the night. It is further contended that the matter pertains to

commercial quantity and rider of Section 37 of the NDPS Act

would apply.

5. I have considered the contentions.

6. Considering the contentions put forth by counsel for the

State, I am not inclined to entertain the bail application.

7. This bail application is, accordingly, dismissed.

(PANKAJ BHANDARI),J

NIKHIL KR YADAV / 18

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