Allowed

Dilshad S/O Late Sh. Mohammad Ramjaan v. State of Rajasthan

Rajasthan HC11 Jan 2021CRLMB/155/2021

Case brief

AI extract

What is this about?

This judgment grants fourth bail applications filed by two accused persons under Section 439 Cr.P.C. in connection with NDPS Act offences. The High Court observes significant procedural lapses, including the failure to file a mammuda and inventory report and inadequate sampling of seized narcotics. Relying on these lacunae, the court allows the applications and orders the release on bail subject t

What did the court decide?

Petitioners were released on bail on furnishing a personal bond of Rs. 1,00,000 together with two sureties of Rs. 50,000 each to the satisfaction of the trial court. It was stated that bail could be c

Dilshad S/O Late Sh. Mohammad Ramjaan Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN

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BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Fourth Bail Application No. 155/2021

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Dilshad S/o Late Sh. Mohammad Ramjaan, Aged About 32 Years, R/o Plot No 474 Teela No. 01 Azad Nagar Kacchi Basti Ps Transport Nagar Jaipur East Raj. (At Present Confined In Central Jail Jaipur)

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----Petitioner

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State Of Rajasthan, through PP

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Connected With

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S.B. Criminal Miscellaneous Fourth Bail Application No.

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8604/2020

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Mohammad Yusuf S/o Shri Abdul Hakim, Aged About 30 Years, R/o Kacchi Basti Hatwada Hasanpura Ps Sadar Railway Station Jaipur Raj. (At Present Confined At Central Jail Jaipur)

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----Petitioner

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Versus

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State Of Rajasthan, through PP

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----Respondent For Petitioner(s) : Mr. Anil Kumar Upman through VC Mr. Mamoon Khalid through VC For Respondent(s) : Mr. Pankaj Agarwal, PP

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HON'BLE MR. JUSTICE PANKAJ BHANDARI

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Order

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11/01/2021

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Petitioners have filed these fourth bail applications under Section 439 of Cr.P.C.

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F.I.R. No. 499/2019 was registered at Police Station Shivdaspura, District Jaipur City(South), for offences under Sections 8/20 of NDPS Act.

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(2 of 3) [CRLMB-155/2021]

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It is contended by counsel for the petitioners that there are several lacuna in prosecution case. Statement of Seizure Officer has been recorded. Malmudda report was not filed before the Court. PW.1 has admitted that no inventory report was prepared. It is also contended that the Seizure Officer has also not taken samples from each packet. It is contended that from six packets, only two samples were drawn, one main sample and one control sample. Witnesses have also mentioned that what was seized was dry leaves. It is contended that dry leaves do not fall within the definition of Ganja. It is also contended that there was prior information but no report was sent to the higher officers.

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Learned Public Prosecutor has opposed these fourth bail applications.

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I have considered the contentions.

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Considering the contentions put forth by counsel for the petitioners, I deem it proper to allow these fourth bail applications.

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These fourth bail applications are accordingly allowed and it is directed that accused petitioners shall be released on bail provided they furnish 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 they 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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(3 of 3) [CRLMB-155/2021]

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

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A copy of this order be placed in connected file.

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(PANKAJ BHANDARI),J

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Heena/29-30

Dilshad S/O Late Sh. Mohammad Ramjaan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Dilshad S/O Late Sh. Mohammad Ramjaan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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