Prakash Vishnoi S/O Hariram ... vs Ncb (2023:Rj-Jp:20549)
2023 Latest Caselaw 4525 Raj/2

[2023:RJ-JP:20549]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

     S.B. Criminal Miscellaneous Bail Application No. 6794/2023

Prakash Vishnoi S/o Hariram Vishnoi, Aged About 24 Years, R/o
Dolli Kalla, Police Station Kalyanpur, Tehsil Pachpada, District
Badmer (Raj.) (Presently Confined In Central Jail Jaipur)
                                                                   ----Petitioner
                                        Versus
Ncb, Through Standing Counsel
                                                                 ----Respondent

Connected With S.B. Criminal Miscellaneous Bail Application No. 11259/2023 Mahipal Vishnoi S/o Sagram Vishnoi, Aged About 28 Years, R/o Doli Kalla, Police Station Kalyanpur, Tehsil Pachpada, District Barmer. (At Present Confined In Central Jail, Jaipur)

----Petitioner Versus Narcotics Control Bureau, Through Spl. Pp

----Respondent

For Petitioner(s) : Mr. Rajveer Singh Gurjar, Adv.

Mr. Shantnu Bansal, Adv.

For Respondent(s) : Mr. Tej Prakash Sharma, Special PP for NCB.

HON'BLE MR. JUSTICE BIRENDRA KUMAR

Order

02/09/2023

1. Heard the parties.

2. These Criminal Misc. Bail Applications have been brought

under Section 439 of Cr.P.C. in connection with FIR

No.VIII(IO)13/NCB/JZU/2019 registered with Police Station

Narcotic Control Bureau, Jodhpur for offences under Sections

8/15, 8/25 and 8/29 of the NDPS Act. Since both these cases arise

[2023:RJ-JP:20549] (2 of 2) [CRLMB-6794/2023]

out of the same FIR, they are decided by this common order.

3. 954 Kg and odd grams of Doda-Post was recovered from a

truck. One of the petitioners was driver and another was also

sitting in the truck. Petitioners are in jail since last more than 4

years.

4. Learned counsel for the petitioner has relied upon judgment

of the Supreme Court in the case of Rabi Prakash Vs. The State

of Odisha in Special Leave to Appeal (Cri.)

No(s).4169/2023 to contend that in similar case, the Supreme

Court has granted bail to the appellant who was in custody for

more than three and a half years.

4. However, Mr. TP Sharma, learned Special PP appearing on

behalf of NCB submits that trial is likely to be concluded within six

months.

5. Considering the quantum of recovery and chances of

conclusion of trial within six months and the fact that one criminal

case of IPC is pending against one of the petitioners, this Court is

not inclined to grant bail to the petitioners.

6. The bail applications stand accordingly dismissed.

(BIRENDRA KUMAR),J

NAVAL KISHOR /29-30

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