Imran Ahmad S/O Sartaj Ali Khan vs State Of Rajasthan
2024 Latest Caselaw 5414 Raj/2

Citation : 2024 Latest Caselaw 5414 Raj/2
Judgement Date : 22 August, 2024

Rajasthan High Court

Imran Ahmad S/O Sartaj Ali Khan vs State Of Rajasthan on 22 August, 2024

Author: Birendra Kumar

Bench: Birendra Kumar

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        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR



     S.B. Criminal Miscellaneous Bail Application No. 9006/2024




Imran Ahmad S/o Sartaj Ali Khan, Aged About 38 Years, R/o
Village   Nua,   Police    Station      Mandawa,           District     Jhunjhunu,
Presently Tenant At Plot No. 88A/1, Bal Vihar Colony, Jhotwara,
Jaipur (Raj.). (At Present Confined In Central Jail, Jaipur).
                                                                      ----Petitioner
                                   Versus
State Of Rajasthan, Through Pp
                                                                ----Respondent

For Petitioner(s) : Mr. Madhav Mitra, Sr. Advocate Mr. Veerendra Singh with Ms. Jaya Mitra, through VC Mr. Rakesh Choudhary, through VC Mr. Manav Sharma, through VC For Respondent(s) : Mr. Vivek Sharma, PP, through VC

HON'BLE MR. JUSTICE BIRENDRA KUMAR Order

22/08/2024

1. This Criminal Misc. Bail Application has been brought under

Section 483 of the Bharatiya Nagarik Suraksha Sanhita in

connection with FIR No.309/2021 registered with Police Station

Vishwkarma, District Jaipur for offences under Sections 8/15 and

8/25 NDPS Act. Charge-sheet was filed for offences under

Sections 8/15, 8/25 and 8/29 NDPS Act.

2. Heard the parties.

3. Co-accused Taufiq Ali was arrested in connection with some

other FIR and he disclosed that doda post is there in the go-down

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of the petitioner. Go-down of the petitioner was raided and about

five quintal of doda post was recovered.

4. Learned counsel for the petitioner submits that petitioner is

in custody since 12.10.2021. Co-accused Taufiq Ali has already

been granted bail by this Court vide order dated 30.05.2024

mainly considering the fact that there is non-compliance of

mandate of Section 52-A of NDPS Act, inasmuch as services of the

Gazetted Officer/Magistrate was not obtained before preparing the

inventory report or taking out samples from the seized

contraband. Petitioner is ready to cooperate with the trial.

5. Learned counsel for the petitioner has relied upon judgment

of the Hon'ble Supreme Court passed in Amit Singh Moni Vs.

State of Himachal Pradesh (Criminal Appeal No.668/2020

decided on 12.10.2020) for his submission that bail was

granted to the accused, where the accused was in custody since

less than three years and seven prosecution witnesses were

already examined in NDPS case.

6. Learned Public Prosecutor opposed the prayer for bail.

7. Considering the period already undergone by the petitioner

as well as non-compliance of the mandate of law and no chance of

early conclusion of the trial, let the accused-petitioner above-

named be released on bail in the aforesaid FIR, if he is not wanted

in any other case, provided he furnishes a bail bond of

Rs.25,000/- with two sureties of like amount to the satisfaction of

the learned trial court with the following conditions:-

(i) the petitioner shall fully co-operate with the investigation/trial, failing which, the trial judge would be at liberty to cancel the bail bonds of the petitioner.

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(ii) the petitioner shall not leave the Country without permission of the Court otherwise it would amount to disobedience of the order of this Court and would be a ground for cancellation of bail.