Allowed

Angrez Singh and Anr. v. State

Rajasthan HC18 May 2018CRLMB/194/2017

Case brief

AI extract

What is this about?

HCJodhpur granted bail to two petitioners accused of violating NDPS Act regarding Corex Syrup. Petitioners contended that the Delhi High Court had quashed the notification classifying Corex Syrup as a narcotic. The court ordered their release on personal bond with sureties without expressing an opinion on merits.

What did the court decide?

Petitioners released on bail via personal bond of Rs.50,000 with two sound and solvent sureties of Rs.25,000 each to the satisfaction of the trial court.

Angrez Singh and Anr. Vs State — Narcotics (NDPS) | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc. II Bail No. 194 / 2017

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Angrez Singh S/o Darshan Singh, R/o Indrapura, Tehsil Sangaria, Distt. Hanumangarh.

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Dharampal S/o Krishan Lal Nayak, R/o Singhpura, Tehsil Sangaria, Distt. Hanumangarh. (lodged in Central Jail, Sri Ganganagar)

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----Petitioners

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Versus

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The State of Rajasthan

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----Respondent

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_____________________________________________________ For Petitioner(s) : Mr. Pankaj Gupta

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For Respondent(s) : Mr. M.S. Panwar, PP

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HON'BLE MR. JUSTICE VIJAY BISHNOI Judgment / Order

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18/05/2018

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Heard learned counsel for the petitioners as well as learned Public Prosecutor and also perused the material on record.

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The petitioners have been arrested in FIR No.383/2016 of Police Station Sadulshahar, Distt. Srigangangar for the offence punishable under Section 8/21 of the NDPS Act. They have preferred this second bail application under Section 439 Cr.P.C.

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Learned counsel for the petitioners has submitted that after rejection of first bail application of the petitioners, the notification notifying the Corex Syrup as a narcotic substance has been quashed by the Delhi High Court. It is submitted that the allegations levelled against the petitioners are only to the effect that 40 bottles of Corex Syrup have been recovered from them.

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(2 of 2)

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[CRLMB-194/2017]

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Learned counsel for the petitioners has submitted that once Corex Syrup is denotified as narcotic substance, the petitioners are entitled to be released on bail.

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Learned Public Prosecutor has opposed the bail application, however, fairly admitted the notification of the Central Government notifying the Corex Syrup as narcotic substance has been quashed by the Delhi High Court.

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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 petitioners under Section 439 Cr.P.C.

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Accordingly, this second bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioners – (1) Angrez Singh S/o Darshan Singh and (2) Dharampal S/o Krishan Lal Nayak shall be released on bail in connection with FIR No.383/2016 of Police Station Sadulshahar, Distt. Srigangangar provided each of them 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 their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

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(VIJAY BISHNOI),J.

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Ms rathore

Angrez Singh and Anr. v. State

Case brief

What is this about?

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Angrez Singh and Anr. v. State

Case brief

What is this about?

What did the court decide?

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