In a bail application under Section 439 CrPC for possession of smack, the High Court dismissed the plea. The petitioner, confined since June 2019, had prior convictions under the N.D.P.S. Act. The court held that his criminal antecedents negated any grounds for bail.
Bail application dismissed with no grant of bail.
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 Application No. 12894/2019
Mohammad Irfan S/o Abdul Hakeem, By Caste Musalman, R/o Islamnagar Sultanpur, Police Station Sultanpur, District Kota, (Rajasthan). (At Present Accused Petitioner Is Confined In Central Jail, Kota.)
----Petitioner
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Petitioner(s) : Mr. Sunil Vijay For Respondent(s) : Mr. Ganesh Saini for the State
HON'BLE MRS. JUSTICE SABINA
Judgment / Order
17/12/2019
Petitioner has filed this petition under Section 439 Code of Criminal Procedure, 1973 seeking regular bail in F.I.R. No. 130/2019 registered at Police Station Sultanpur, District Kota for offence under Section 9/21, 8/29 of Narcotic Drugs and Psychotropic Substances Act, 1985.
Learned counsel for the petitioner has submitted that as per the prosecution story, petitioner was found in possession of six gram and twenty miligram Smack. Petitioner is in custody since 22.06.2019. Challan has already been presented in the court and conclusion of trial may take time.
Learned state counsel has opposed the petition and has submitted that the petitioner is a habitual offender and is involved in nine criminal cases. Petitioner has been convicted in
(2 of 2)
[CRLMB-12894/2019]
a case under Section 8/21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and was sentenced to undergo ten years of rigorous imprisonment.
Keeping in view the criminal antecedents of the petitioner, no ground for grant of bail to him is made out.
Dismissed.
(SABINA),J
Mohita /3
2 issues framed by the court
Whether bail should be granted to a habitual offender with criminal antecedents in an N.D.P.S. case.
Whether the petitioner's prior conviction under Section 8/21 of the N.D.P.S. Act negates bail grounds.
2 provisions across 2 enactments
Mohammad Irfan S/o Abdul Hakeem
State Of Rajasthan
SABINA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
