Shanker Gurjar vs State Of Rajasthan
2021 Latest Caselaw 9363 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous II Bail Application No. 5888/2021

Shanker Gurjar S/o Shri Udaylal Gurjar, Aged About 44 Years, R/o Sopura, P.s. Badliyas, Dist-Bhilwara (Raj.) (At Present Lodged At District Jail Bhilwara)

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

----Respondent

For Petitioner(s) : Mr. Jaipal Singh (through VC) For Respondent(s) : Mr. Shrawan Bishnoi, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

06/05/2021

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 Badliyas, District Bhilwara

for the offence(s) punishable under Section(s) 8/18 of

the NDPS Act. He/she/they has/have preferred this/these

second bail application(s) under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that

charge-sheet has been filed in the matter. It is further

submitted that as per the prosecution story, total 573

plants of opium were recovered from the petitioner and

the total weight of those plants is 18 kg 620 gm. 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,

(2 of 2) [CRLMB-5888/2021]

the maximum punishment can be awarded to an accused

person for possessing 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(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 second bail application(s)

filed under Section 439 Cr.P.C. is/are allowed and it is

directed that petitioner(s) - Shanker Gurjar S/o Shri Udaylal Gurjar shall be released on bail in connection with

FIR No.39/2021 of Police Station Badliyas, District

Bhilwara 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

32-msrathore/-

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