Angrez Singh vs State Of Rajasthan
2022 Latest Caselaw 14619 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 931/2022

1. Angrez Singh S/o Shri Bhola Singh, Aged About 27 Years, R/o Madhe Road Basti, Gaziyan, Nihalsinghwala Police Station, District Moga (Punjab) (Lodged In Central Jail, Bikaner)

2. Jasvindra Singh S/o Tara Singh, Aged About 35 Years, R/o Nathana Bus Stand, Gidir, Nasana Police Station, District Bhatinda (Punjab) (Lodged In Central Jail, Bikaner)

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

----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 12136/2021 Sukveer Singh S/o Iqbal Singh, Aged About 27 Years, Pato Didar Singh Vala, Teh. Nihalsingh Vala, Dist. Moga (Punjab). (At Present Lodged In Dsitrict Jail, Bikaner).

----Petitioner Versus State, Through Pp

----Respondent

For Petitioner(s) : Mr. B. Ray Bishnoi For Respondent(s) : Mr. Sharwan Bishnoi, PP

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Judgment

13/12/2022

Both the cr. misc. bail applications under Section 439 of

Cr.P.C. have been preferred by the petitioners against the orders

dated 5.10.2021 and 30.4.2021 passed by the trial court rejecting

bail applications of the petitioners in relation to FIR No.20/2021

(2 of 3) [CRLMB-931/2022]

lodged at Police Station Kolayat, District Pali for the offence under

Sections 8/22, 8/25 and 8/29 of the NDPS Act.

Learned counsel appearing for the petitioners submitted that

there was no compliance of Sections 42(2) and 50 of the NDPS Act

in the present case. It is also submitted that the total weight of

the alleged recovered tablets is not mentioned in the charge-

sheet. Further, it is submitted that there is no mention regarding

call details and the certificate under Section 65B has also not been

taken. Further submitted that the petitioners are behind the bars

since long and the trial of the case would take time, therefore, the

petitioners may be released on bail. Learned counsel for the

petitioners relied upon orders dated 16.8.2021, 24.9.2021,

1.9.2021, 10.8.2021 and 26.7.2021 allowing the identical bail

applications by the coordinate Bench of this Court.

Per contra, learned Public Prosecutor opposed the prayer

made by the learned counsel for the petitioners and further

submitted that total 28,500 tablets containing substance Tramadol

weighing 8.778 Kgs were recovered, which is commercial quantity

in nature. Learned Public Prosecutor submits that in the present

case, there was no requirement for compliance of Sections 42(2)

and 50 of the NDPS Act.

Heard the learned counsel for the parties and perused the

material available on record.

I have perused the FSL report and the result of the FSL

shows that the sample tablets packed in the packet marked A was

found to contain Tramadol and the weight of ten tables is 3.17

gms and Tramadol is listed under NDPS Act. The recovered

tablets having total weight of 8.778 kgs thus comes within the

purview of commercial quantity and therefore, is hit by the

(3 of 3) [CRLMB-931/2022]

provisions of Section 37 of the NDPS Act. Therefore, this Court

does not find it to be a fit case for grant of bail.

Accordingly, both the bail applications are hereby rejected.

However, the learned trial court is directed to expedite the trial of

the case.

(MADAN GOPAL VYAS),J 7-CPGoyal/-

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