This High Court of Rajasthan granted bail to an arrested petitioner charged under the NDPS Act for possessing contraband below commercial quantity with no prior criminal antecedents, directing execution of a personal bond.
Petitioner released on bail upon execution of a personal bond of Rs. 50,000/- with two sureties of Rs. 25,000/- each.
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[CRLMB-14/2021]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 14/2021
Mohanram S/o Shri Bhikharam, Aged About 35 Years, R/o Mandla Police Thana Phalodi, District Jodhpur At Present R/o Jatawas, Ward No. 17, Pokran, Police Thana Pokran, District Jaisalmer. (At Present Lodged In Sub Jail Pokran).
----Petitioner
Versus
State Of Rajasthan.
----Respondent
For Petitioner(s) : Mr. B.R. Godara (on VC) For Respondent(s) : Mr. Anda Ram Choudhary, PP assisted by Mr. Avinash Godara
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
07/01/2021
In wake of onslaught of COVID-19, lawyers have been advised to refrain from coming to the Courts.
This Court perused the material available on record.
The petitioner has been arrested in connection with FIR No.185/2020 of Police Station Pokran, District Jaisalmer for the offence punishable under Section 8/18 NDPS Act. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner submits that the contraband in question is below commercial quantity and there are no previous criminal antecedents of the present petitioner pertaining to the offence under the NDPS Act.
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[CRLMB-14/2021]
Learned Public Prosecutor though opposes the bail application, but is not in a position to refute the aforesaid factual submission made on behalf of the petitioner.
Having regard to the totality of the facts and circumstances of the case as also the fact that the contraband in question is below commercial quantity and there are no previous criminal antecedents of the present petitioner pertaining to the offence under the NDPS Act and conclusion of the proceedings is likely to take some time, but without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Mohanram S/o Shri Bhikharam shall be released on bail in connection with FIR No.185/2020 of Police Station Pokran, District Jaisalmer provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
(DR.PUSHPENDRA SINGH BHATI),J.
55-Zeeshan/-
2 issues framed by the court
Whether bail be granted to an accused under the NDPS Act where the contraband is below commercial quantity and there are no prior criminal antecedents?
Whether the proceedings can be concluded shortly considering the delay factors?
2 provisions across 2 enactments
Mohanram S/o Shri Bhikharam
State Of Rajasthan
Dr. Pushendra Singh Bhati
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
