Bharat Singh S/O Shri Dulichand vs State Of Rajasthan
2022 Latest Caselaw 3319 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

     S.B. Criminal Miscellaneous Third Bail Application No.
                               2713/2022

Bharat Singh S/o Shri Dulichand, R/o Ratghunathpura Ps
Mothpur Distt. Baran Raj. (At Present Confined In Distt. Jail
Baran)
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through Pp
                                                                ----Respondent

For Petitioner(s) : Mr. Pawan Kumar Verma For State : Mr. Sher Singh Mahla, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

26/04/2022

1. Petitioner has filed this third bail application under Section

439 Cr.P.C.

2. F.I.R. No.196/2018 was registered at Police Station Chipa

Barod, District Baran for offence under Sections 8/15 of NDPS Act.

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

prosecution case was that 122 kg of poppy husk was recovered

whereas, as per the article recovered, weight was only 112 kg,

there is a difference of 10 kg. It is also contended that petitioner

is in custody since 2018.

4. Counsel for the petitioner has placed reliance on "Jagdish

Chand Vs. State of Rajasthan" 2014 (1) Cr.L.R. (Raj.) 91 and

the order passed by this Court dated 05.04.2019 "Subhas S/o

Shri Pancharam Vishnoi Vs State of Rajasthan" S.B. Criminal

(2 of 2) [CRLMB-2713/2022]

Misc. Second Bail Application No.4128/2019.

5. Learned Public Prosecutor has opposed the third bail

application. It is contended that the witness in his statement has

clarified that there was an error in calculation of contraband.

6. I have considered the contentions.

7. Since this Court has rejected the bail application on merits

and the matter pertains to commercial quantity, this Court at this

stage cannot come to the conclusion that petitioner who was the

owner and driver of the vehicle from which contraband was

recovered is innocent and will not repeat the offence, hence, I am

not inclined to entertain the third bail application.

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

(PANKAJ BHANDARI),J

ARTI SHARMA /43

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