Rejecting the petitioner's bail application, the Court refused anticipatory bail under Section 438 Cr.P.C. due to the recovery of a massive quantity of poppy straw (56 kgs) allegedly procured from the petitioner by co-accused paras. 13-18. 19
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 5858/2019
Nathu Lal S/o Shankar Lal, Aged About 43 Years, B/c Meghwal, R/o Ghata Badoli, Ps Nimbahera Kotwali, District Chittorgarh
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. R.K. Charan For Respondent(s) : Mr. A.R. Choudhary, P.P.
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
09/07/2019
Heard the learned counsel for the petitioner as well as the learned Public Prosecutor and perused the material available on record.
The petitioner apprehends his arrest in connection with FIR No.135/2018 of Police Station Pur, District Bhilwara for the offence punishable under Sections 8/15 and 29 of NDPS Act.
Learned counsel for the petitioner has submitted that as per the prosecution story, 56 kgs. of poppy straw was recovered by the police from the possession of one Parasmal on 02.10.2018 which was being transported by him in a car. It is submitted that petitioner was not apprehended by the police but he was made accused only on the basis of the statements of co-accused person.
Having heard the learned counsel for the petitioner and after going through the case diary and taking into consideration the fact
(2 of 2)
[CRLMB-5858/2019]
that huge quantity of poppy straw has been recovered at the instance of co-accused who allegedly procured the same from the petitioner, I am not inclined to grant anticipatory bail under Section 438 Cr.P.C. to the petitioner.
Accordingly, the application preferred by the petitioner under Section 438 Cr.P.C. is rejected.
(VIJAY BISHNOI),J
137-Taruna/-
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner despite the recovery of a huge quantity of poppy straw based on co-accused statements.
Whether the apprehension of arrest in connection with the FIR justifies granting bail under Section 438 Cr.P.C.
2 provisions across 2 enactments
Nathu Lal S/o Shankar Lal
State Of Rajasthan
Vijay Bishnoi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
