Allowed

Navdeep Singh @ Navi @ Madha v. State of Rajasthan

Rajasthan HC15 Jan 2019CRLMB/113/2019

Case brief

AI extract

What is this about?

The Rajasthan High Court granted bail to the petitioner charged with offences under the NDPS Act on the observation that the seized quantity of narcotics fell below the commercial threshold. The petitioner must execute a bond with sureties for appearance in trial.

What did the court decide?

Petitioner Navdeep Singh shall be released on bail by executing a personal bond of Rs.50,000 with two sound and solvent sureties of Rs.25,000 each for appearance in trial.

Navdeep Singh @ Navi @ Madha Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc. Bail No. 113/2019

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Navdeep Singh @ Navi @ Madha S/o Sh. Mohansingh, Aged About 34 Years, B/c Majbisikh, R/o 48, G.g.shri Nagar, Tehsil Srikaranpur, Dist. Sriganganagar. (Presently At Central Jail, Ganganagar)

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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For Petitioner(s) : Mr. Sunil Bishnoi For Respondent(s) : Mr. Deepak Choudhary, P.P.

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HON'BLE MR. JUSTICE VIJAY BISHNOI

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Order

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15/01/2019

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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 connection with FIR No.223/2018 of Police Station Padampur, District Ganganagar for the offences punishable under Sections 8/22 and 8/29 NDPS Act. He has preferred this bail application under Section 439 Cr.P.C.

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Learned counsel for the petitioner has submitted that from bare reading of FIR, it is clear that 780 Lomotil tablates allegedly recovered from the petitioner are containing narcotic substance Diphenoxylate Hydrochloride weighing 48.75 grams, whereas as per the provisions of NDPS Act, upto 50 grams of Diphenoxylate Hydrochloride is prescribed as below commercial quantity. Learned counsel for the petitioner has, therefore, submitted that

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(2 of 2)

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[CRLMB-113/2019]

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the narcotic substance alleged to have been recovered from the petitioner is below commercial quantity and charge-sheet has been filed.

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Learned Public Prosecutor has opposed the bail application.

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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 bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Navdeep Singh Alias Navi Alias Madha S/o Shri Mohan Singh shall be released on bail in connection with FIR No.223/2018 of Police Station Padampur, District Ganganagar 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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13-Babulal/-

Navdeep Singh @ Navi @ Madha v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Navdeep Singh @ Navi @ Madha v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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