Udaipal @ Pala vs State Of Rajasthan
2022 Latest Caselaw 15073 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No.1076/2022

Udaipal @ Pala S/o Sh. Hansraj, aged about 45 years, resident of Chamarkheda, Police Station Sadulshahar, District Sriganganagar (At Present Lodged In Central Jail Sriganganagar)

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

----Respondent

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

HON'BLE MR. JUSTICE MADAN GOPAL VYAS Order

DATE OF ORDER : 22/12/2022

The present criminal misc. second bail application under

Section 439 of Cr.P.C. has been preferred by the petitioner Udaipal

@ Pala against the order dated 12.1.2022 passed by the learned

Special Judge, NDPS Act Cases, Sriganganagar in relation to FIR

No.222/2020 lodged at Police Station Lalgarh Jattan, District

Sriganganagar for the offences under Section 8/15 and 29 of the

NDPS Act.

The first bail application being SB Cr. Misc. Bail Application

No.11735/2021 has been dismissed by the coordinate Bench of

this Court vide order dated 24.9.2021 as not pressed.

Learned counsel for the petitioner submits that the

agricultural field from where the contraband article was recovered

does not belong to the petitioner. It is also submitted that there

is non-compliance of Section 42 of the NDPS Act. Learned counsel

(2 of 3) [CRLMB-1076/2022]

for the petitioner further submits that the petitioner is behind the

bars since three and half years and therefore, he may be enlarged

on bail. In support of his contentions, learned counsel relied upon

the following judgments of the Hon'ble Supreme Court and orders

of this Court:

(1) Gangadhar @ Gangaram Vs. State of MP (Cr. Appeal No.504/2020), decided on 5.8.2020

(2) Nadeem Vs. State of UP (Special Leave to Appeal (Crl.) No.1524/2022), decided on 22.4.2022

(3) Mahmood Kurdeya Vs. Narcotics Control Bureau (Cr. Appeal No.1570/2021), decided on 7.12.2021)

(4) orders dated 9.12.2020 in SB Cr. Misc. Bail Application No.10398/2020 (Sumerram Vs. State)

(5) dated 23.7.2020 in SB Cr. Misc.4th Bail Application No.5351/2020 (Kamal Singh Vs. State).

Learned Public Prosecutor opposed the bail application. It is

submitted that 105 kg of poppy straw, which is in commercial

quantity was recovered in the present case and the present

petitioner was present at the spot. It is also submitted that the

petitioner is the Khatedar of the agricultural land from where the

contraband article was recovered. It is also submitted that 8 other

cases under various provisions are registered against the

petitioner and the petitioner is a habitual offender. Therefore, it

is prayed that the bail application filed by the petitioner may be

rejected.

Heard the learned counsel for the parties and perused the

material available on record.

Having regard to the facts and circumstances of the case,

particularly the fact that the recovered contraband is in

commercial quantity and hit by the provisions of Section 37 of the

(3 of 3) [CRLMB-1076/2022]

NDPS Act, I do not find it to be a fit case to grant bail to the

petitioner.

Accordingly, the bail application filed by the petitioner is

hereby rejected.

However, the learned trial court is directed to expedite the

trial of the case.

(MADAN GOPAL VYAS),J

CPGoyal/-

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