Allowed

Ishwarsingh S/O Narayansingh v. State of Rajasthan

Rajasthan HC11 Dec 2020CRLMB/4984/2020

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed the second bail application of the petitioner accused under the NDPS Act. The Court accepted the contention that the seized poppy husk quantity fell below the commercial quantity threshold, leading to the grant of bail.

What did the court decide?

Petitioner granted bail on a personal bond of Rs. 1 лак and two sureties of Rs. 50,000 each.

Ishwarsingh S/O Narayansingh Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2020)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Second Bail Application No.

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4984/2020

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Ishwarsingh S/o Narayansingh, Aged About 32 Years, R/o Danok Police Thana Matoda Dist. Jodhpur At Present R/o Sanjay C Colony Pratapnagar Jodhpur Raj. (At Present J.C. Sub Jail Beawar)

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----Petitioner

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Versus

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State Of Rajasthan, through PP

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----Respondent

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For Petitioner(s) : Mr. Bhanwaru Ram through VC For State : Mr. Deshraj Gosingha, PP

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HON'BLE MR. JUSTICE PANKAJ BHANDARI Order

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11/12/2020

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Petitioner has filed this second bail application under Section 439 of Cr.P.C.

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F.I.R. No.194/2018 was registered at Police Station Jawaja, District Ajmer for offence under Section 8/15 of NDPS Act.

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It is contended by counsel for the petitioner that an inventory was prepared by the Magistrate, in which the total weight of poppy husk was 56.90 gms, including bags which were seized. It is contended that at the time of seizure, the weight was mentioned as 62 kgs including the bags. It is contended that even if we consider one jute bag to be weighing three kgs, the quantity will fall below the commercial quantity. It is contended that petitioner has remained in custody for a period of more than two years.

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(2 of 2)

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[CRLMB-4984/2020]

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Learned Public Prosecutor has opposed the second bail application.

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I have considered the contentions.

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Considering the contentions put forth by counsel for the petitioner, I deem it proper to allow the second bail application.

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This second bail application is accordingly allowed and it is directed that accused petitioner shall be released on bail provided he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the learned trial court with the stipulation that he shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.

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However it is made clear that if the petitioner repeats the offence, State would be free to move application for cancellation of bail before the concerned Court.

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(PANKAJ BHANDARI),J

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CHANDAN /5

Ishwarsingh S/O Narayansingh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ishwarsingh S/O Narayansingh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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