Govind Singh S/O Shri Bhagwan ... vs State Of Rajasthan
2022 Latest Caselaw 1770 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

     S.B. Criminal Miscellaneous Bail Application No. 1537/2022

Govind Singh S/o Shri Bhagwan Singh, R/o Odiyakhedi PS Pirawa
Distt. Jhalawar At Present In Distt. Jail Jhalawar
                                                                          ----Petitioner
                                   Versus
State Of Rajasthan, Through The Pp
                                                                     ----Respondent

Connected With S.B. Criminal Miscellaneous Bail Application No. 2384/2022

1. Vikram Singh S/o Shivlal, Aged About 30 Years, R/o Banskhedi PS Pidawa Dist. Jhalawar Raj.

                                          (At     Present            In     Dist.    Jail
                                          Jhalawar)
2.                                        Govind        Singh         S/o      Narayan
                                          Singh, Aged About 22 Years,
                                          R/o Banskhedi PS Pidawa Dist.
                                          Jhalawar Raj. (At Present In
                                          Dist. Jail Jhalawar)
3.                                        Bhaavsingh             S/o         Kanhiram,
                                          Aged      About        30        Years,    R/o
                                          Baanskhedi            PS    Pidawa        Dist.
                                          Jhalawar Raj. (At Present In
                                          Dist. Jail Jhalawar)
                                                                      ----Petitioners
                                   Versus
State Of Rajasthan, Through Pp
                                                                     ----Respondent


For Petitioner(s)        :     Mr. Harendra Singh, Advocate with Mr.
                               Tikaram Meena, Advocate
                               Mr. Ali Mohd. Khan, Advocate
For Respondent(s)        :     Mr. S.S. Ola, Public Prosecutor

HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

Order

(2 of 3) [CRLMB-1537/2022]

24/02/2022 These bail applications have been filed under Section

439 Cr.P.C. in connection with FIR No. 14/2022 registered at Police

Station Raipur, District Jhalawar for the offence under Sections

8/20 and 8/29 of the N.D.P.S. Act.

Learned counsel for the petitioners submits that the

alleged recovered contraband (Ganja) is less than commercial

quantity. Learned counsel further submits that as per Section

2(vii-a) of the NDPS Act, commercial quantity means any quantity

greater than the quantity specified by the Central Government by

notification in the Official Gazette. Therefore, as per definition, the

commercial quantity would be above 20 Kg. Learned counsel

further submits that the petitioners are behind the bars since long

and they have no criminal antecedents. Learned counsel has

placed reliance on the judgments passed by the co-ordinate Bench

of this Court in the cases of Mohd. Tahir @ Bhura Vs. State of

Rajasthan (S.B. Criminal Misc. Bail Application No.18656/2021)

and Ghansyam & Anr. Vs. State of Rajasthan (S.B. Criminal Misc.

Bail Application No.14146/2016) dated 24.01.2022 and

22.11.2016 respectively. Hence, the accused-petitioners may be

released on bail.

Learned Public Prosecutor has strongly opposed the bail

applications.

Heard learned counsel for the parties and perused the

material available on record.

Considering the submissions made by learned counsel

for the petitioners and taking into consideration overall facts and

circumstances of the case, but without expressing any opinion on

(3 of 3) [CRLMB-1537/2022]

the merits/demerits of the case, this court deems it just and

proper to enlarge the petitioners on bail.

Consequently, the bail applications under Section 439

Cr.P.C. are allowed and it is ordered that the accused-petitioners

(1) Govind Singh S/o Shri Bhagwan Singh, (2) Vikram Singh S/o

Shivlal, (3) Govind Singh S/o Narayan Singh and (4) Bhaavsingh

S/o Kanhiram shall be enlarged on bail provided each of them

furnishes a personal bond in the sum of Rs.50,000/- with two

sureties of Rs.25,000/- each to the satisfaction of the learned trial

Judge for their appearance before the court concerned on all the

dates of hearing and as and when called upon to do so.

(CHANDRA KUMAR SONGARA),J

Ashish Kumar /14-15

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