Jogendra Singh vs State
2022 Latest Caselaw 7534 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 12326/2021

Jogendra Singh S/o Jarnel Singh, Aged About 32 Years, R/o Ghallu Police Thana Khuiekheda Tehsil Abohar District Fazilka (Punjab) (At Present In Central Jail, Sri Ganganagar)

----Petitioner Versus State, Through Pp

----Respondent

For Petitioner(s) : Mr. S.P. Sharma For Respondent(s) : Mr. Anees Bhurat, PP.

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

19/05/2022

The present bail application has been filed under Section 439

Cr.P.C. The petitioner has been arrested in connection with FIR

No.184/2021 Police Station Sadulsahar, District Sri Ganganagar

for the offence punishable under Section 8/15 of NDPS Act.

Learned counsel for the petitioner submits that the recovery

of the contraband was made from a car, which was driven by co-

accused Balvinder Singh. The present petitioner was merely sitting

in the said car and he has nothing to do with the alleged crime.

Counsel further submits that there is violation of provisions of

Section 50 of NDPS Act. In support of his contentions, counsel has

relied upon the judgments passed by this Court in the cases of

Aamin Khan V/s State (SB Cr. Misc. Bail Application

No.5407/2022 decided on 17.05.2022) and Pala Singh V/s

State (SB Cr. Misc. Bail Application No.378/2022 decided

on 17.01.2022). Counsel further submits that the accused-

(2 of 2) [CRLMB-12326/2021]

petitioner is in judicial custody and the trial of the case will take

sufficient long time to be concluded. Therefore, the benefit of bail

should be granted to the accused-petitioner.

Learned Public Prosecutor has vehemently opposed the bail

application.

I have considered the arguments advanced before me and

gone through the material available on record.

In the instant case, the recovery of contraband was made

from a car, which was driven by co-accused Balvinder Singh and

the present petitioner was also sitting in the said car. Since the

recovered contraband is a commercial quantity, therefore

provisions of Section 37 of NDPS Act are very much attracted. In

the case of Aamin Khan (supra) as relied upon by the counsel for

the petitioner, recovery of contraband was made from the

possession of co-accused Akram Khan and Sohel Khan and the

petitioner Aamin Khan was implicated only on the basis of

statement of these co-accused. Thus, aforesaid order passed in

the case of Aamin Khan (supra) does not help the case of the

present petitioner. The facts and circumstances of another case

i.e. Pala Singh (supra) as relied upon by counsel for the petitioner

are also different from the facts of the present case, therefore,

this case also does not help the case of the present petitioner.

In view of above, this Court is not inclined to grant benefit of

bail to the present petitioner.

Hence, the bail application is hereby dismissed.

(MANOJ KUMAR GARG),J 2-raksha/-

Powered by TCPDF (www.tcpdf.org)