Allowed

Rakesh Kumar Sharma @ Vijay v. State of Rajasthan through P P

Rajasthan HC2 Aug 2017CRLMB/9399/2017

Case brief

AI extract

What is this about?

The Court allowed bail applications filed by two accused persons charged with an offence under Sections 8 and 20 of the N.D.P.S. Act. The Court found that the recovered quantity of ganja was less than the commercial quantity, rendering Section 37 of the Act inapplicable.

What did the court decide?

Accused released on bail on personal bond of Rs. 2,00,000/- and two surety bonds of Rs. 1,00,000/- each with Trial Court.

Rakesh Kumar Sharma @ Vijay Vs State of Rajasthan through… — Narcotics (NDPS) | Rajasthan HC (2017)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail No. 9399 / 2017

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Rakesh Kumar Sharma @ Vijay S/o Shri Madhusudan Sharma, by Caste Bhahmin, Aged About 35 Years, R/o Village Akhegarh, Police Station Nadbai, District Bharatpur, At Present Tenent of Shri Ayub Khan Ka Makaan, K.J.N. Bagh, Shiv Vihar, Niwaru Road, Police Station Kardhani, Jaipur, Raj. (at Present Confined in Central Jail, Jaipur).

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----Petitioner Versus State of Rajasthan Through PP ----Respondent Connected With

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S.B. Criminal Miscellaneous Bail No. 10126 / 2017

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Ramesh Kumar S/o Shri Mangilal B/c Dhobi, Aged About 30 Years, R/o Village Isarwala, Police Station Harmada, District Jaipur West, At Present House No. 135, Mayur Vihar, Nangal Jesa Bohara, Police Station Kardhani, Jaipur (at Present Confined in Central Jail, Jaipur)

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----Petitioner Versus State of Rajasthan Through PP

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----Respondent _____________________________________________________ For Petitioner(s) : Mr. Shantnu Bansal

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For State : Mr. Rishiraj Singh, Public Prosecutor

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HON'BLE MR. JUSTICE BANWARI LAL SHARMA

Order

(2 of 3)

[CRLMB-9399/2017]

02/08/2017

The present Misc bail applications under section 439 Cr.P.C. is preferred by the Accused/ petitioners in the matter of FIR No. 412/2017 registered at Police Station Kardhani, District Jaipur, for offence punishable under Section 8/20 of N.D.P.S. Act.

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Learned counsel for petitioners submits that the recovered contraband ganja from Rakesh Kumar Sharma @ Vijay is 2.700 kg. and from Ramesh Kumar 2.300 kg, which is less than commercial quantity, no other criminal antecedents is there against the present petitioners, they are in custody since 01.07.2017, therefore petitioners may be released on bail.

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Learned Public Prosecutor Mr. Rishiraj Singh opposed the bail application.

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I have considered the submissions made at bar.

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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 specially considering the fact that recovered contraband ganza is less than commercial quantity, therefore provision enshrined in Section 37 of N.D.P.S. Act is not applicable in this case, I am inclined to grant benefit of bail to the accused-petitioners.

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Consequently, the bail application filed under Section 439 Cr.P.C. is allowed.

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(3 of 3)

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CRLMB-9399/2017]

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Therefore, it is ordered that the accused-petitioners No. (1) Rakesh Kumar Sharma @ Vijay S/o Shri Madhusudan Sharma (2) Ramesh Kumar S/o Shri Mangilal in FIR No. 412/2017 registered at Police Station Kardhani, District Jaipur, shall be released on bail; provided they furnish a personal bond of Rs. 2,00,000/- each 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

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when called upon to do so.

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(BANWARI LAL SHARMA)J.

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S. Kumawat/33-34

Rakesh Kumar Sharma @ Vijay v. State of Rajasthan through P P

Case brief

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Rakesh Kumar Sharma @ Vijay v. State of Rajasthan through P P

Case brief

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