Baghali vs State Of Rajasthan
2022 Latest Caselaw 1052 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. 2nd Bail Application No. 5100/2021

Baghali S/o Shri Eliyas, Aged About 30 Years, Chak 71 G B Mogi, P.s. Ramsinghpur, District Shriganganagar (Raj.). (Presently Lodged In Central Jail Shriganganagar).

----Petitioner Versus State Of Rajasthan, Through P.P.

----Respondent

For Petitioner(s) : Mr. Manish Kumar Meena, through V.C.

For Respondent(s) : Mr. Javed Gauri, Public Prosecutor

HON'BLE MR. JUSTICE RAMESHWAR VYAS

Order

21/01/2022

The instant second bail application has been filed under

Section 439 Cr.P.C. by the petitioner for grant of regular bail in

connection with FIR No. 156/2019 registered at Police Station

Ramsinghpur, Sri Ganganagar, for offences punishable under

Sections 8/22, 25 and 29 of Narcotic Drugs and Psychotropic

Substances Act, 1985.

Learned counsel for the petitioner submits that the

content of narcotic substance in the recovered tablets of Tramadol

is below commercial quantity. Relying on the judgment of the

Hon'ble Supreme Court in the case of E. Micheal Raj vs.

Intelligence Officer, Narcotic Control Bureau : (2008) 5 SCC

161, learned counsel for the petitioner submits that the petitioner

deserves to be enlarged on bail. He further submits that the

(2 of 2) [CRLMB-5100/2021]

petitioner is in custody for the last more than one year. There are

no criminal antecedents against him. The alleged quantity is

marginally above intermediate quantity. Hence, learned counsel

for the petitioner prays to allow this bail application.

On the other hand, learned Public Prosecutor has

opposed the bail application.

Heard the learned counsel for the parties and perused

material available on record.

The decision of the Hon'ble Supreme Court in the case

of E. Micheal Raj (supra) has been held as not good law in the

matter of Hira Singh & Anr. Vs. Union of India & Anr :

Criminal Appeal No. 722/2017 decided on 22.4.2020. The

alleged recovery of 1140 tablets weighing 456 grams is in

commercial quantity.

Having regard to the overall facts and circumstances of

the case and looking to the provisions of Section 37 of Narcotic

Drugs and Psychotropic Substances Act, 1985, this Court is not

inclined to release the petitioner on bail.

Accordingly, the bail application is dismissed.

(RAMESHWAR VYAS),J 1-Mak/-

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