Court dismissed third bail application under NDPS Act holding that contraband recovered exceeded commercial quantity, rejecting submission that seizure officer's statement on weight aided defense.
Bail application dismissed; petitioner denied release on bail.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous III Bail Application No. 2913/2019
Suryaprakash S/o Shri Radheshyam Ji, Aged About 25 Years, B/c Joshi, R/o Dhanopmata Ps Fuliyakala, District Bhilwara (Raj.) (Lodged District Jail, Bhilwara)
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent For Petitioner : Mr. Sunil Vishnoi For Respondent(s) : Mr. Gaurav Singh, PP
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
21/08/2019
Learned counsel for the petitioner submits that after rejection of the second bail application on 23/08/2018, the statement of the seizure officer has been recorded in which he stated that the net weight of the bags in all cannot be 14 kgs.
The statement so relied upon by the counsel for the petitioner is neither here nor there and in no way help the petitioner.
The contraband recovered from the petitioner is more than commercial quantity.
Considering all facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail.
The third bail application is, accordingly, dismissed.
(VINIT KUMAR MATHUR),J
69-SanjayS/-
2 issues framed by the court
Whether petitioner should be granted bail where contraband recovered exceeds commercial quantity.
Whether statement recorded by seizure officer regarding weight of bags affects bail eligibility.
Suryaprakash
State Of Rajasthan
VINIT KUMAR MATHUR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
