Ravi Kumar @ Sunder vs State Of Rajasthan ...
2023 Latest Caselaw 4565 Raj

[2023/RJJD/014966]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 5366/2023

Ravi Kumar @ Sunder S/o Sh. Chandu Ram, Aged About 42 Years, W.no. 17, Mandi Pilibanga Teh. Pilibanga, Dist. Hanumangarh (Raj.). (At Present Lodged In Dist. Jail, Hanumangarh).

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

----Respondent

For Petitioner(s) : Ms. Priya Bishnoi For Respondent(s) : Mr. Mohd. Javed Gauri, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Order

12/05/2023

The petitioner has been arrested in FIR No.532/2018 of

Police Station Pilibanga, District Hanumangarh for the offences

punishable under Sections 8/21, 22, 25 & 29 of the NDPS Act and

of 18(C)/27B (TT) Drug and Cosmatic Act. He has preferred this

bail application under Section 439 Cr.P.C.

As per the prosecution story, 15000 tablets weighing around

6 Kgs of narcotic contraband tramadol have been recovered from

the possession of the petitioner.

Learned counsel for the petitioner has submitted that the

petitioner is in custody since 09.10.2018.

Learned counsel has placed reliance on the decision dated

28.03.2023 rendered by Hon'ble the Supreme Court in Mohd

Muslim @ Hussain Vs. State (NCT of Delhi) in Special Leave

Petition (Crl.) No(s).915 of 2023, wherein it is observed by the

[2023/RJJD/014966] (2 of 2) [CRLMB-5366/2023]

Hon'ble Supreme Court that delay in trial can also be considered

for releasing accused person on bail despite the restrictions

imposed under Section 37 of the NDPS Act. Learned counsel for

the petitioner has submitted that in the light of the judgment

passed by the Hon'ble Supreme Court in Mohd Muslim @ Hussain's

case (supra), the petitioner is entitled to be enlarged on bail.

Learned Public Prosecutor has opposed the bail application

and argued that looking to the huge quantity of tablets recovered

from the petitioner, he is not entitled to be enlarged on bail.

Heard learned counsel for the parties.

Though, the petitioners is in custody since 09.10.2018 and

the trial against him has not been completed till date, but taking

into consideration the fact that huge quantity of tablets containing

narcotic substance tramadol have been recovered from the

petitioner, I am not inclined to interfere in this bail application.

Hence, this bail applications is dismissed.

The trial court is directed to expedite the trial

(VIJAY BISHNOI),J

44-AjaySingh/-

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