High Court rejected bail application for a petitioner accused in an NCB drug nuisance case. The court held that despite the petitioner's claim of being a co-passenger with no contraband on person, probable guilt and commercial quantity of drugs necessitated denial of bail.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 11178/2020
Kumba Ram Jat S/o Nagaram, Aged About 44 Years, R/o Vill. Chindadi Post Dhanari Kalan Ps Khedapa Tehsil Bawadi Dist. Jodhpur Raj.(Presently Confined In Central Jail Ajmer)
----Petitioner
Versus
State Of Rajasthan, through PP
----Respondent
For Petitioner(s) : Mr. Vijay Raj Bishnoi For Respondent(s) : Mr. Tej Prakash Sharma for NCB through VC
HON'BLE MR. JUSTICE PANKAJ BHANDARI
Order
22/01/2021
(2 of 2)
[CRLMB-11178/2020]
It is contended that petitioner was sitting with Om Prakash and they went to purchase the contraband. A sum of Rs. 8 lac was recovered from the vehicle. Commercial quantity of contraband has been recovered from the vehicle. From the call details, it is evident that petitioner was in constant touch with the co-accused Om Prakash. It is also contended that due to recovery of commercial quantity, at this stage, it cannot be presumed that petitioner is not guilty and that he will not repeat the offence.
(PANKAJ BHANDARI),J
HEENA/09
3 issues framed by the court
Whether bail should be granted to the petitioner who was a co-passenger in a vehicle where contraband was recovered.
Whether the petitioner's lack of criminal antecedents and role as a co-passenger justify granting bail in a drug nuisance offence.
Whether probable guilt and commercial quantity of contraband preclude bail under Section 439 Cr.P.C.
2 provisions across 2 enactments
Kumba Ram Jat
State Of Rajasthan
Pankaj Bhandari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
