Allowed

Kasam Ali v. State

Rajasthan HC2 May 2018CRLMB/4186/2017

Case brief

AI extract

What is this about?

The High Court of Rajasthan granted bail to the petitioner accused under Sections 8/21, 25, and 29 of the NDPS Act. The court noted that a notification declaring Corex Syrup as a narcotic was quashed by the Delhi High Court, albeit without expressing an opinion on the merits.

What did the court decide?

Release on bail directed upon execution of a personal bond of Rs. 50,000 and two sureties of Rs. 25,000 each.

Kasam Ali 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. III Bail No. 4186 / 2017

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Kasam Ali Son of Shri Fej Khan, By Caste Musalman, Resident of Ward No. 1, Kesarisinghpur, Tehsil Sri Karanpur, District Sri Ganganagar (Rajasthan) (Presently Lodged in District Jail Sri Ganganagar)

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----Petitioner

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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. D.L. Rawla

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For Respondent(s) : Mr. V.S. Rajpurohit, PP

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HON'BLE MR. JUSTICE VIJAY BISHNOI

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Judgment / Order

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02/05/2018

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

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The petitioner has been arrested in FIR No.391/2016 of Police Station Purani Abadi, District Srigangangar for the offences punishable under Sections 8/21, 25 and 29 NDPS Act. He has preferred this third bail application under Section 439 Cr.P.C.

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Learned counsel for the petitioner has submitted that after rejection of first and second bail applications of the petitioner, 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 petitioner is only to the effect that 96 bottles of Corex Syrup have been recovered from him. Learned counsel for the petitioner has submitted that once Corex Syrup is

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(2 of 2)

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[CRLMB-4186/2017]

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denotified as narcotic substance, the petitioner is 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 petitioner under Section 439 Cr.P.C.

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Accordingly, this third bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Kasam Ali Son of Shri Fej Khan shall be released on bail in connection with FIR No.391/2016 of Police Station Purani Abadi, District Srigangangar 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.

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(VIJAY BISHNOI),J.

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Gaurav/39

Kasam Ali v. State

Case brief

What is this about?

What did the court decide?

Kasam Ali v. State

Case brief

What is this about?

What did the court decide?

What the court decided

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