Petitioner sought regular bail in an NDPS case involving possession of smack. The Court granted bail without expressing an opinion on the merits, subject to satisfaction of the Trial Court.
Petitioner admitted to bail subject to satisfaction of the Trial Court.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail No. 10277/2018
Omi @ Om Prakash S/o Gajanand B/c Brahmin , Aged About 52 Years, R/o Sheetala Colony, Near Raj Girish Hospital, Hindaun City Distt. Karauli (At Present Confined At Sub Jail Hindaun City)
----Petitioner
Versus
State Of Rajasthan , Through P.p.
----Respondent For Petitioner(s) : Mr. Jiya Ur Rahman For Respondent(s) : Mr. Jitendra Shrimali, P.P.
HON'BLE MRS. JUSTICE SABINA
Order
18/08/2018
Petitioner has filed this petition under Section 439 Code of Criminal Procedure, 1973 seeking regular bail in F.I.R. No. 604/2018 registered at Police Station Hindaun City, Distt. Karauli, for offences under Sections 8/21 of Narcotic Drugs & Psychotropic Substances Act, 1985.
Learned counsel for the petitioner has submitted that as per the prosecution story, petitioner was found in possession of two grams smack. Petitioner is in custody since 29.07.2018. Presently, petitioner is in judicial custody and is not required for further investigation.
Learned State Counsel on the other hand has opposed the petition.
(2 of 2) [CRLMB-10277/2018]
Keeping in view the facts and circumstances of the case, it would be just and expedient to order the release of the petitioner on bail.
Accordingly, without expressing any opinion on merits of the case, this petition is allowed. Petitioner be admitted to bail subject to satisfaction of the Trial Court.
(SABINA)J.
Sudha/74
2 issues framed by the court
Whether the petitioner should be granted regular bail in a case involving possession of smack under Sections 8 and 21 NDPS Act.
Whether the petitioner is required for further investigation given that he is not needed for the same.
2 provisions across 2 enactments
Omi @ Om Prakash S/o Gajanand B/c Brahmin
State Of Rajasthan
SABINA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
