Held that the totality of circumstances justified granting bail to the narcotic offender, who was charged with possession of poppy husk below commercial quantity, for appearance pending trial.
Released on bail with personal bond and sureties for appearance till completion of trial.
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 AT JODHPUR
S.B. Criminal Misc. Bail No. 197/2019
Mangi Lal S/o Sh. Lakha Ram, Aged About 32 Years, B/c Bishnoi , Lalji Ki Dungari , Sarwana P.s. Distt. Jalore (Lodged In Distt. Jail , Barmer)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Vijay Raj Bishnoi For Respondent(s) : Mr. Deepak Choudhary, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
15/01/2019
Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.
The petitioner has been arrested in FIR No.130/2015 of
Dhorimanna Police Station, District Barmer for the offences punishable under Sections 8/15, 29 of NDPS Act. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that narcotic contraband poppy husk/straw alleged to have been recovered from the petitioner is 21 kgs, which is below commercial quantity.
Learned Public Prosecutor has opposed the bail application.
Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the
(2 of 2)
[CRLMB-197/2019]
case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Mangi Lal S/o Sh. Lakha Ram, shall be released on bail in connection with FIR No.130/2015 of Dhorimanna Police Station, District Barmer 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.
(VIJAY BISHNOI),J
Surabhii/17
1 issue framed by the court
Whether the accused petitioner is entitled to be released on bail in the NPD Case under Section 439 Cr.P.C.
2 provisions across 2 enactments
Mangi Lal S/o Sh. Lakha Ram
State Of Rajasthan
Vijay Bishnoi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
