Petitioner sought bail in an NDPS case involving possession of cough syrup. The Single Judge declined bail, citing the seriousness of NDPS allegations and the petitioner's prior involvement in other cases under the Act.
Petitioner's petition for bail was dismissed. He remains in custody.
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. 7397/2018
Sushil Karnani S/o Late Chhaganlal Karnani B/c Karnani Meshwari, R/o Village Himmatsar, Tehsil Nokha Mandi, Police Station Nokha, Distt. Bikaner, Presently R/o House No. 68, Triputi Colony, Kalwar Road, Police Station Karghani Jaipur Presently Confined In Central Jail, Jaipur
----Petitioner
Versus ----Respondent
State Of Rajasthan Through P.P.
For Petitioner(s) : Mr. Rajneesh Gupta 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, District Jaipur (North) for offence under Sections Sections 8/21, 8/22 and 8/29 of Narcotic Drugs & Psychotropic Substances Act, 1985.
Learned counsel for the petitioner has submitted that the petitioner was apprehended at the spot. Petitioner has been involved in this case on the basis of the statement of his coaccused Ghanshyam while in police custody that he had purchased the bottles-in-question from the petitioner. Petitioner is in custody since 10.11.2017. Challan has already been presented in the court and conclusion of trial may take time. In support of his arguments, learned counsel has placed reliance on the decision of
(2 of 2)
[CRLMB-7397/2018]
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 petitioner is involved in four other cases under the Act.
Keeping in view the seriousness of allegations levelled against the petitioner and the fact that the petitioner is involved in four other cases under the Act, no ground for grant of bail to him is made out.
Dismissed.
(SABINA)J.
S.Kumawat-2
1 issue framed by the court
Whether bail should be granted to the petitioner charged with offences under the NDPS Act when he is involved in other cases under the same Act.
Colour shows how this judgement treated each authority
Binod Kumar @ Binod Kumar Bhagat Vs. State of BiharReferred¶12
Binod Kumar @ Binod Kumar Bhagat Vs. State of Bihar, 2018 Cr. L.R. (SC) 206
2 provisions across 2 enactments
Sushil Karnani
State Of Rajasthan
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
