Rajasthan High Court - Jodhpur
Balwant vs State Of Rajasthan ... on 12 May, 2023
Bench: Vijay Bishnoi
[2023/RJJD/014963]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 4616/2023
Rajveer Singh S/o Sh. Darshan Singh, Aged About 26 Years,
Karadwala Teh. Sadulshahar Dist. Sri Ganganagar (At Present
Lodged In Central Jail, Sri Ganganagar).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 59/2023
Paramjeet Singh S/o Sh. Satpal Singh, Aged About 31 Years, Vill.
Gadarkhera, Teh. Sadulshahar Dist. Sri Ganganagar. (At Present
Lodged In Central Jail, Sri Ganganagar).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
S.B. Criminal Miscellaneous Bail Application No. 4617/2023
Balwant S/o Sh. Ramdhan, Aged About 37 Years, Nurpur Dhani,
Teh. Sadulshhar Dist. Sri Ganganagar. (At Present Lodged In
Central Jail, Sri Ganganagar).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Sunil Bishnoi
For Respondent(s) : Mr. S. S. Rajpurohit, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order
12/05/2023
[2023/RJJD/014963] (2 of 3) [CRLMB-4616/2023]
The petitioners have been arrested in FIR No.387/2018 of
Police Station Kotwali, District Sri Ganganagar for the offences
punishable under Sections 8/22, 29 of the NDPS Act. They have
preferred this bail application under Section 439 Cr.P.C.
As per the prosecution story, tablets/capsules weighing
around 12.218 Kgs of narcotic contraband tramadol have been
recovered from the possession of the petitioners.
Learned counsel for the petitioners has submitted that the
petitioners are in custody since 18.10.2018 and out of 23
prosecution witness, only 5 prosecution witnesses have been
examined till date.
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
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 applications
and argued that looking to the huge quantity of capsules/tablets
recovered from the petitioners, it is clear that the petitioners are
working as a racket supplying drugs to the innocent people.
Learned Public Prosecutor has also submitted that in the above
facts and circumstances of the case, the petitioners are not
entitled to be enlarged on bail.
[2023/RJJD/014963] (3 of 3) [CRLMB-4616/2023]
Heard learned counsel for the parties.
Though, the petitioners are in custody since 18.10.2018 and
the trial against them has not been completed till date, but taking
into consideration the fact that huge quantity of capsules/drugs
containing narcotic substance tramadol have been recovered from
the petitioners, there is all possibility that the petitioners are
working as a racket supplying drugs to the innocent people.
Hence, I am not inclined to interfere in these bail
applications.
Hence, these bail applications are dismissed.
The trial court is directed to expedite the trial.
(VIJAY BISHNOI),J
38-AjaySingh/-
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