Nandlal @ Nand Singh vs State Of Rajasthan ...
2023 Latest Caselaw 2368 Raj

[2023/RJJD/007135]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 1189/2023

Nandlal @ Nand Singh S/o Jagnnath, Aged About 61 Years, Daroga Mohalla, Badliyas, P.s. Badliyas, Dist. Bhilwara. (Presently Lodged In Dist. Jail, Bhilwara).

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

----Respondent

For Petitioner(s) : Mr. Narayan Lal Daroga, petitioner' s son, present in person For Respondent(s) : Mr. Mahipal Bishnoi, PP

HON'BLE DR. JUSTICE NUPUR BHATI

Order

21/03/2023

1. The lawyers are abstaining from work on account of strike.

2. Mr. Narayan Lal Daroga, petitioner's son, present in personas

well as the learned Public Prosecutor and perused the material

available on record.

3. The petitioner has been arrested in FIR No. 119/2022 of

Police Station Badliyas, District Bhilwara for the offences

punishable under Section 8/20 of NDPS Act. He has preferred this

bail application under Section 439 Cr.P.C.

4. Mr. Narayan Lal Daroga, petitioner' s son, present in person,

submits that the petitioner has falsely been implicated in this

case.

5. Learned Public Prosecutor opposed the bail application and

placed reliance upon the judgment of this Hon'ble Court in the

[2023/RJJD/007135] (2 of 2) [CRLMB-1189/2023]

case of Manjee Vs. State of Rajasthan 1996 (2) WLC 405. The

relevant portion of the order is reproduced as under:-

21. In the present case, a careful scrutiny of the challan reveals that none of the witnesses cited in the charge-sheet have been seen the accused-appellant sowing, weeding watering and giving care and attention for protection of the cannabis plants in question. It is not possible in the present case also to infer or together from attending circumstances that the accused-applicant was giving any careful attention to protect the cannabis plants in question.

Learned Public Prosecutor further submits that total 84 illegal

cannabis plants weighing 38 kg 900 gms recovered from the

petitioner.

6. Having regard to the totality of the facts and circumstances

of the case and looking to the nature of accusation and gravity of

the offence, without expressing any opinion on the merits of the

case, I am not inclined to grant bail under Section 439 Cr.P.C. to

the petitioner.

7. Accordingly, the bail application preferred by the petitioner

under Section 439 Cr.P.C. is dismissed.

(DR.NUPUR BHATI),J SURABHII/64-

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