In this bail application filed under Section 439 Cr.P.C., the petitioner sought release in an NDPS case involving recovery of contraband exceeding commercial quantity. The High Court rejected the prayer as it found recovery beyond commercial quantity, refusing bail rights at this stage.
Bail application dismissed; petitioner not enlarged on bail at this stage.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S. B. Criminal Misc. Bail Application No. 1514/2020
Pankaj Kumar S/o Shri Devraj, aged about 39 years, B/c Agarwal, R/o Ward No. 5, Sadulsahar, District Sri Ganganagar. (Presently lodged in District Jail, Sri Ganganagar).
----Petitioner
Versus
State of Rajasthan
----Respondent
| For Petitioner(s) | : Mr. Vipin Makkad |
|---|---|
| For Respondent(s) | : Mr. Shrawan Kumar Bishnoi,P.P. |
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
04/02/2020
The present bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No. 297/2019, Police Station Sadulsahar, District Sri Ganganagar for the offence under Section 8/22 of the N.D.P.S. Act.
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
Learned counsel for the petitioner submits that the contraband recovered in the present case is slightly more than the commercial quantity. He, therefore, prays that the petitioner may be enlarged on bail.
Learned Public Prosecutor opposes the bail.
Having regard to the totality of the facts and circumstances of the case and looking to the nature of accusation and gravity of
(2 of 2) [CRLMB-1514/2020]
the offence and the fact that the recovery of contraband in the present case is more than commercial quantity, without expressing any opinion on the merits of the case, I am not inclined to grant bail under Section 439 of Cr.P.C. to the petitioner at this stage.
Dismissed accordingly.
(VINIT KUMAR MATHUR),J 31-Inder/-
1 issue framed by the court
Whether bail should be granted to the petitioner in a case involving possession of narcotic drugs exceeding commercial quantity.
2 provisions across 2 enactments
Pankaj Kumar
State of Rajasthan
Vinit Kumar Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
