Dismissed

Abdul Abid v. State of Rajasthan

Rajasthan HC4 Oct 2018CRLMB/7117/2018

Case brief

AI extract

What is this about?

High Court rejected this second bail application in an NDPS trial where the petitioner argued lack of material progress and no recovery from exclusive possession. The Court found that the huge recovery of 4032 kg of poppy straw attracted Section 37 rigor, making bail inappropriate at this stage.

What did the court decide?

Second bail application rejected; petitioner remains in custody.

Abdul Abid Vs State of Rajasthan — 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. Bail No. 7117/2018

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Abdul Abid S/o Abdul Kadir, B/c Musalman, R/o Modak Station, P.S. Modak, District Kota

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(At present lodged in Sub Jail, Jaitaran)

----Petitioner

Versus

State of Rajasthan

----Respondent

For Petitioner(s) : Mr. R.S. Choudhary For Respondent(s) : Mr. S.K. Vyas, Addl. Advocate General

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HON'BLE MR. JUSTICE P.K. LOHRA

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Order

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04/10/2018

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Accused-petitioner, apprehended pursuant to FIR No.192/13 of Police Station Sendra, District Pali, for offence punishable under Section 8 r/w 15, 25 & 29 of the NDPS Act, has laid this second bail application. At present trial for the aforesaid offences in Sessions Case No.29/16 is pending against the petitioner before Addl. Sessions Judge, Jaitaran, District Pali.

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The first bail application on behalf of petitioner bearing No.5469/17 was dismissed on 24^th of August, 2017.

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Arguing on this second bail application, it is submitted by learned counsel for the petitioner that petitioner is in custody since 12^th of August, 2016 but so far there is no material progress in the trial. It is also argued by learned counsel that there was no recovery of contraband from conscious and exclusive

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(2 of 3)

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[CRLMB-7117/2018]

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possession of the petitioner. Learned counsel has further argued that the driver of truck allegedly carrying contraband was not under control and instructions of the petitioner and he is sought to be implicated solely on the basis of being owner of the truck.

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Per contra, learned Addl. Advocate General has vehemently opposed the second bail application of the petitioner. It is submitted by learned Addl. Advocate General that contraband poppy straw recovered in the matter was 4032 kg, which is umpteen times higher than the commercial quantity. Learned counsel has, therefore, submitted that considering the quantum of recovery, rigor of Section 37 of the NDPS Act is clearly attracted in the instant case. It is also argued by learned Addl. Advocate General that being owner of the truck, which was carrying huge quantity of contraband, prima facie, it is rather difficult to comprehend that petitioner was not involved in commission of serious offences. Learned Addl. Advocate General has lastly urged that the grounds for seeking bail sought to be raised by the petitioner cannot be considered at this stage and all these arguments are premature as statements of the prosecution witnesses are yet to be recorded during trial.

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I have bestowed my consideration to the arguments advanced at Bar.

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Having regard to the facts and circumstances of the case and taking into account recovery of huge quantity of contraband, in my view, it would not be appropriate at this stage to enlarge the petitioner on bail.

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(3 of 3)

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[CRLMB-7117/2018]

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Consequently, the second bail application fails and same is hereby rejected.

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(P.K. LOHRA),J

Abdul Abid v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Abdul Abid v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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