This judgment grants regular bail to a petitioner charged under the NDPS Act for possession of poppy husk. The court held that since the quantity was non-commercial, release ordered without substantive opinion.
petition is allowed; petitioner admitted to bail subject to satisfaction of the Trial Court.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 16196/2019
Yaswant Singh S/o Sh. Kalu Singh B/c Sondiya Rajput, Aged About 25 Years, R/o Village Khai Kheda Thana Shyamgarh District Mandsaur (MP) (Presently Is J.C. At Central Jail Kota)
----Petitioner
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Petitioner(s) : Mr. Mukesh Saini on behalf of Mr. Pradeep Mathur For Respondent(s) : Mr. Ganesh Saini for the State
HON'BLE MRS. JUSTICE SABINA
Judgment / Order
16/12/2019
Petitioner has filed this petition under Section 439 Code of Criminal Procedure, 1973 seeking regular bail in F.I.R. No.136/2019 registered at Police Station Mandana for the offence under Section 8/15 & 8/29 of Narcotic Drugs and Psychotropic Substances Act, 1985.
Present case relates to recovery of forty eight kilo and six hundred grams poppy husk.
Learned counsel for the petitioner has submitted that the petitioner is in custody since 3.10.2019. Challan has already been presented in the court and conclusion of trial may take time. Petitioner is not involved in any other criminal case.
Learned State Counsel, has opposed the petition.
(2 of 2)
[CRLMB-16196/2019]
Keeping in view the fact that present case involves recovery of non-commercial quantity of the contraband, it would be just and expedient to order the release of the petitioner on bail.
Accordingly, without expressing any opinion on the merits of the case, this petition is allowed. Petitioner be admitted to bail subject to satisfaction of the Trial Court.
(SABINA),J
Mohita /1
1 issue framed by the court
Whether bail should be granted to the petitioner charged under the NDPS Act in a case involving recovery of non-commercial quantity of poppy husk.
2 provisions across 2 enactments
Yaswant Singh
State Of Rajasthan
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
