Vachangiree Chela Ratangiree vs State Of Rajasthan
2021 Latest Caselaw 8315 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 4173/2021

Vachangiree Chela Ratangiree S/o Jabarji, Aged About 40 Years, R/o Dhana, Presently Jhardeshwar Mahadev Mandir, Kotkastan, Teh. Bhinmal, Dist. Jalore. (Presently Lodged At Sub Jail, Bhinmal).

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

----Respondent

For Petitioner(s) : Mr. M.L. Bishnoi For Respondent(s) : Mr. Laxman Solanki, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

25/03/2021

Heard learned counsel for the parties and perused the

material available on record.

The petitioner(s) has/have been arrested in FIR No.39/2021

of Police Station Ramseen, District Jalore for the offence(s)

punishable under Section(s) 8/20 of NDPS Act. He/she/they

has/have preferred this/these bail application(s) under Section

439 Cr.P.C.

Learned counsel for the petitioner has submitted that as per

the prosecution story, 562 plants of ganja have been recovered

from the petitioner and the total weight of those plants is 65 kg

400 gms. 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

(2 of 2) [CRLMB-4173/2021]

possessing ganja 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(s).

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 petitioner(s)

under Section 439 Cr.P.C.

Accordingly, this/these bail application(s) filed under Section

439 Cr.P.C. is/are allowed and it is directed that petitioner(s) -

Vachangiree Chela Ratangiree S/o Jabarji shall be released on bail

in connection with FIR No.39/2021 of Police Station Ramseen,

District Jalore provided he/she/they execute(s) a personal bond in

the 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/her/their 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

155-mohit/-

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