Bench dismissed bail petition under Section 438 CrPC filed for offences under NDPS Act. Court held no ground for anticipatory bail existed given petitioner's prior criminal background, disregarding claim of false involvement.
Anticipatory bail application dismissed with no ground for grant found.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail No. 5264/2018
Mahesh Patidar S/o Shri Jagdish Patidar B/c Patidar , R/o Surajni Police Station Sitamau Distt. Mandosar M.p.
----Petitioner
Versus
State Of Rajasthan Through P.p.
----Respondent
For Petitioner(s) : Mr. Manish Gupta For Respondent(s) : Mr. R.S. Raghav, P.P.
HON'BLE MRS. JUSTICE SABINA
Order
01/08/2018
Petitioner has filed this petition under Section 438 Code of Criminal Procedure, 1973 seeking anticipatory bail in F.I.R. No. 21/2018 registered at Police Station Pushker, Distt. Ajmer for offences under Sections 8/21 of Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred as the ‘ NDPS Act’).
Learned counsel for the petitioner has submitted that the petitioner has been falsely involved in this case. Contraband in question was recovered from co-accused Lalit @ Pankaj. The said co-accused, during interrogation has stated that he had purchased the contraband from the petitioner.
Learned State Counsel on the other hand has opposed the petition and has submitted that the petitioner is involved in four other criminal cases and out of the said cases, one case is under the NDPS Act.
(2 of 2)
[CRLMB-5264/2018]
Keeping in view the submissions made by learned State counsel, no ground for grant of anticipatory bail to the petitioner is made out.
Dismissed.
(SABINA)J.
Sudha/24
2 issues framed by the court
Whether anticipatory bail should be granted under Section 438 CrPC in a case alleging offense under NDPS Act.
Whether false involvement or co-accused statements constitute ground for anticipatory bail.
2 provisions across 2 enactments
Mahesh Patidar
State Of Rajasthan
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
