In this bail petition under Section 439 CrPC, the petitioner sought release in an NDPS case involving recovery of 2,919 cough syrup bottles. The court dismissed the bail application citing heavy contraband recovery and pending involvement in another case under the same Act.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail No. 5009/2018
Ghanshyam Sharma Sharma S/o Shri Ramkaran Sharma, B/c Brahmin, Aged about 40 years, R/o Village Kundal, Police Station Kolva, District Dausa, Presently residing House No.2, Gopal Vihar Colony, Pili Ki Taxai Police Station Amer, Jaipur (Raj.) (At present Confined in the Central Jail, Jaipur)
----Petitioner
Versus
State Of Rajasthan Through P.P.
----Respondent
For Petitioner(s) : Mr. Anil Kumar Upman Adv. For Respondent(s) : Mr. R.S. Raghav, P.P.
HON'BLE MRS. JUSTICE SABINA
Judgment
20/09/2018
Petitioner has filed this petition under Section 439 Code of Criminal Procedure, 1973 seeking regular bail in F.I.R. No. 424/2017 registered at Police Station Amer, Jaipur for offence under Sections Sections 8/21 and 8/22 of Narcotic Drugs & Psychotropic Substances Act, 1985.
Learned counsel for the petitioner has submitted that the petitioner is in custody since 23.08.2017. Challan has already been presented in the court and conclusion of trial may take time. As per the prosecution story, petitioner was found in possession of 2919 Bottles of Cough Syrup. Petitioner is having a license under the Drugs and Cosmetic Act, 1940 to sell or distribute by wholesale in Plot No.2, Gopal Vihar Colony, Peeli Ki Talai, Ajmer, District Jaipur. In support of his arguments, learned counsel has
(2 of 2)
[CRLMB-5009/2018]
placed reliance on the decision of the Hon'ble Supreme Court in Binod Kumar @ Binod Kumar Bhagat Vs. State of Bihar,
2018 Cr. L.R. (SC) 206, wherein, a person found in possession of 4,000 Bottles of Cough Syrup Corex without any license or permit, was granted bail.
Learned State counsel has opposed the petition and has submitted that the contraband-in-question was recovered from Godown No.8, Gopal Vihar Colony, Peeli Ki Talai, Ajmer, District Jaipur. Petitioner is also involved in another case under the Act. Although, it has been submitted by the learned counsel for the petitioner that the petitioner was a license holder, but recovery has been effected from another place and not from the premises, wherein, petitioner was authorized to sell the drugs.
Keeping in view the heavy recovery of the bottles of Cough Syrup effected from the petitioner and the fact that the petitioner is involved in another case under the Act, no grond for grant of bail to him is made out.
Dismissed.
(SABINA)J.
S.Kumawat-1
1 issue framed by the court
Whether bail should be granted to the petitioner already in custody on charges of possessing large quantity of cough syrup without authorization.
Colour shows how this judgement treated each authority
Binod Kumar @ Binod Kumar Bhagat Vs. State of BiharReferred¶17
Binod Kumar @ Binod Kumar Bhagat Vs. State of Bihar, 2018 Cr. L.R. (SC) 206
1 provisions across 1 enactments
Ghanshyam Sharma
State Of Rajasthan
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
