High Court allowed bail to petitioner in NDPS Act case involving possession of ganza, noting recovery was from co-accused and quantity below commercial limit, subject to personal and surety bonds.
Petitioner granted bail subject to personal bond of Rs. 2,00,000/- and two surety bonds of Rs. 1,00,000/- each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 14586 / 2016
Madan S/o Man Singh B/c Banjara, R/o Shivpuriya, PS Kukadeshwer, District Nimach (MP). ( At Present Confined in District Jail, Jhalawar ).
----Accused/Petitioner
Versus
State of Rajasthan Through P.P.
----Respondent
_____________________________________________________ For Petitioner(s) : Mr. S.B. Gautam Public Prosecutor : Mr. Jitendra Shrimali
HON'BLE MR. JUSTICE BANWARI LAL SHARMA
Order
19/01/2017
The present Misc bail application under section 439 Cr.P.C. is preferred by the Accused/ petitioner Madan in the matter of FIR No. 60/2011 registered at Police Station Jhalrapatan, District Jhalawar, for offences punishable under Sections 8/ 20 read with 29 N.D.P.S. Act.
Learned Counsel for petitioner Mr. S.B. Gautam submits that the recovery of contraband ganza was not effected from the conscious possession of present petitioner, it was effected from coaccused Kalu, the recovery of contraband is 8.150 kg. ganza which is less than commercial quantity, therefore, provision of Section 37 of NDPS Act is not applicable in this case. Petitioner is in custody since 11.09.2016, charge-sheet has already been filed, therefore, he may be released on bail.
(2 of 2)
[CRLMB-14586/2016]
Learned Public Prosecutor Mr. Jitendra Shrimali opposed the bail application.
I have considered the submissions made at bar.
On consideration of submissions made on behalf of the respective parties and the material made available for my perusal, therefore without expressing any final opinion on the merit and de-merit of the case and considering the overall facts and circumstances of the case, I am inclined to grant benefit of bail to the accused-petitioner Madan.
Consequently, the bail application filed under Section 439 Cr.P.C. is allowed.
Therefore, it is ordered that the accused-petitioner Madan S/o Shri Man Singh in FIR No. 60/2011 registered at Police Station Jhalrapatan, District Jhalawar, shall be released on bail; provided he furnishes a personal bond of Rs. 2,00,000/- and two surety bonds of Rs. 1,00,000/- each to the satisfaction of the learned trial court with the stipulation to appear before the Trial Court on all dates of hearing and as and when called upon to do so.
(BANWARI LAL SHARMA)J.
Simple/12
1 issue framed by the court
Whether bail can be granted to accused in N.D.P.S. Act case where contraband quantity is less than commercial quantity and recovery was from co-accused.
3 provisions across 2 enactments
Madan S/o Man Singh
State of Rajasthan
Banwari Lal Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
