Rajasthan High Court - Jodhpur
Pawan Solanki vs State Of Rajasthan (2024:Rj-Jd:10460) on 1 March, 2024
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2024:RJ-JD:10460]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous 2nd Bail Application No. 12351/2023
Pawan Solanki S/o Bhanwar Lal Solanki, Aged About 31 Years,
R/o Ashirwad Bhaan Yadav Bharti School Subhashpura Bikaner
(Lodged In Sub Jail Suratgarh)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Bhagirath Ray Bishnoi
For Respondent(s) : Mr. AR Choudhary, PP
HON'BLE MR. JUSTICE KULDEEP MATHUR
ORDER
01/03/2024
Heard learned counsel for the petitioner and learned Public
Prosecutor. Perused the material available on record.
Having considered the rival submissions, facts and
circumstances of the case, this Court prima facie finds that huge
quantity of psychotropic substance weighing 4 kgs 457.4 gms was
recovered from the conscious possession of the petitioner by the
police during routine round of the city on 22.1.2021 at 2.15 AM.
This Court also prima facie finds that the petitioner is a
habitual offender and he is involved in at least 15 cases out of
which one case (FIR No.208/2020 registered at the Police Station
Sadar) pertains to the offences under NDPS Act. The petitioner is
presently facing trial for the offences punishable under Section
8/22, 25 of the NDPS Act in connection with FIR No.25/2021
registered at Police Station Surat City, District Sriganganagar.
[2024:RJ-JD:10460] (2 of 3) [CRLMB-12351/2023]
This court is also conscious of the judgment passed by
Hon'ble the Supreme Court in the case of State of Madhya
Pradesh vs. Kajad reported in (2001) 7 SCC 673, wherein
Hon'ble the Apex Court has observed as under:-
"......Negation of bail is the rule and its grant an
exception under sub clause (ii) of clause (b) of Section
37(1). For granting the bail, the court must, on the
basis of the record produced before it, be satisfied that
there are reasonable grounds for believing that the
accused is not guilty of the offence with which he is
charged and further that he is not likely to commit any
offence while on bail. It has further to be noticed that
the conditions for granting the bail, specified in clause
(b) of sub-section (1) of Section 37 are in addition to
the limitations provided under the Code of Criminal
Procedure or any other law for the time being in force
regulating the grant of bail. Liberal approach in the
matter of bail under the NDPS Act is uncalled for."
Similarly, Hon'ble the Supreme Court in the case of Union of
India vs. Md. Nawaz Khan reported in (2021) 10 SCC 100
considered the position of law with regard to Section 37 of NDPS
Act and held that the test which the High Courts are required to
apply while granting bail is that there are reasonable grounds to
believe that the accused has not committed an offence and
whether he is likely to commit any offence while on bail.
Considering the seriousness of offences punishable under the
NDPS Act and in order to curb the menace of drug-trafficking in
the country, stringent parameters for the grant of bail under the
NDPS Act have been prescribed.
In view of discussion made herein-above, this Court is not
inclined to enlarge the petitioner on bail.
Accordingly, the second bail application under Section 439
Cr.P.C. is rejected.
[2024:RJ-JD:10460] (3 of 3) [CRLMB-12351/2023]
It is however, made clear that findings recorded/observations
made above are for limited purposes of adjudication of bail
application. The trial court shall not get prejudiced by the same.
(KULDEEP MATHUR),J
4-TarunGoyal/-
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