The High Court allowed a bail application under Section 439 CrPC concerning an offence under Section 8/20 of the NDPS Act, citing the recovered quantity was less than 4 kg.
Petitioner released on bail under Section 439 CrPC via personal bond of Rs. 20,000/- with two sureties.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 5538/2019
Prathviraj Son Of Heera Lal, Meghwal, Resident Of Jaithal, Police Station Gendoli, District Bundi (Raj.) (At Present In District Jail Bundi)
----Petitioner
Versus
State Of Rajasthan, Through Public Prosecutor.
----Respondent For Petitioner(s) : Mr. N.K. Sharma For Respondent(s) : Mr. Sher Singh Mehla, PP
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA(V.J)
Order
04/06/2019
This bail application has been filed under Section 439 CrPC in connection with FIR No.46/2019 registered at Police Station Kapren, District Bundi (Raj.) for the offence under Section 8/20 of NDPS Act.
Heard learned counsel for the petitioner and learned Public Prosecutor appearing for the State and carefully scanned the relevant material made available on record.
Learned counsel for the petitioner submits that quantity of “Ganja” recovered from the petitioner is less than the commercial quantity i.e. 4 k.g. Without expressing any opinion on the merits and demerits of the case, I deem it just and proper to enlarge the petitioner on bail.
(2 of 2) [CRLMB-5538/2019]
Therefore, this bail application is allowed and it is directed that accused petitioner Prathviraj S/o Heera Lal shall be released on bail under Section 439 CrPC in connection with aforesaid FIR provided he furnishes a personal bond of Rs.20,000/- with two sureties in the like amount to the satisfaction of the concerned Magistrate with the stipulation that he shall comply with all the conditions laid down under Section 437(3) Cr.P.C.
(SANJEEV PRAKASH SHARMA(V.J)),J
Brijesh 5.
1 issue framed by the court
Whether to release the petitioner on bail in a case involving possession of Ganja.
3 provisions across 2 enactments
Prathviraj Son Of Heera Lal
State Of Rajasthan
Sanjeev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
