The High Court of Rajasthan allowed bail to the petitioner in a criminal proceeding regarding possession of poppy husk under the NDPS Act, directing execution of a personal bond with sureties.
Petitioner released on bail by executing personal bond with sureties.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc. Bail No. 10233/2018
Sharvan Kumar S/o Khammuram, Aged About 26 Years, B/c Vishnoi, R/o Dhatarwalo Ka Ganv, Tehsil Phalodi, District Jodhpur.
(Lodged In Central Jail, Bikaner)
----Petitioner
Versus
State Of Rajasthan
----Respondent
For Petitioner : Mr. B.R. Godara For Respondent : Mr. Pankaj Awasthi, Public Prosecutor
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
20/11/2018
Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.
The petitioner has been arrested in FIR No.80/2018 of Police Station Bajju, District Bikaner for the offences punishable under Sections 8/15 and 29 NDPS Act. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that as per the prosecution story, 48.800kgs. of poppy husk has been recovered from Imilal, however, Imilal has already been enlarged on bail by this Court on 09.08.2018. It is submitted that though the allegation against the petitioner is to the effect that he has supplied that poppy husk to Imilal but the recovered narcotic contraband is below commercial quantity.
(2 of 2)
[CRLMB-10233/2018]
Learned Public Prosecutor has opposed the bail application. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Sharvan Kumar S/o Khammuram shall be released on bail in connection with FIR No.80/2018 of Police Station Bajju, District Bikaner provided he executes a personal bond in a sum of Rs.50,000/with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
(VIJAY BISHNOI),J
Abhishek Kumar S.No.31
1 issue framed by the court
Whether bail should be granted to the accused for offences under the NDPS Act involving commercial quantity claims.
2 provisions across 2 enactments
Sharvan Kumar
State Of Rajasthan
Vijay Bishnoi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
