Single-judge High Court allowed bail to four accused persons arrested for offences under NDPS Act Sections 8 and 18. The court noted the contraband was below commercial quantity and petitioners had no prior NDPS convictions, granting bail with a personal bond.
Release on bail with a personal bond of Rs.50,000/- and two sureties of Rs.25,000/each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 18/2021
----Petitioners
Versus
State, Through Pp
----Respondent
For Petitioner(s) : Mr. Ramesh Chandra Purohit on VC. For Respondent(s) : Mr. Mahipal Bishnoi PP for the State.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
08/01/2021
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 petitioners have been arrested in connection with FIR No.434/2020 of Police Station Ratangarh, Churu for the offence punishable under Section 8/18 of NDPS Act. They have preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioners makes a categorical statement at the Bar that the contraband in question is below commercial quantity and there are no previous criminal
(2 of 2)
[CRLMB-18/2021]
antecedents of the present petitioners pertaining to the offence under the NDPS Act.
Learned Public Prosecutor though opposes the bail application, but is not in a position to refute the aforesaid factual matrix.
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 petitioners 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 petitioners under Section 439 Cr.P.C.
Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioners (1) Lichmanath @ Lachunath S/o Sh. Premnath, (2) Ram Singh S/o Nandkishore Singh, (3) Hansraj S/o Anndaram and (4) Chainaram S/o Manguram shall be released on bail in connection with FIR No.434/2020 of Police Station Ratangarh, Churu provided each of them execute 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 their 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.
33-SKant/-
1 issue framed by the court
Whether bail should be granted to accused persons arrested under Sections 8 and 18 of the NDPS Act given facts regarding contraband quantity and antecedents.
2 provisions across 2 enactments
Lichmanath @ Lachunath
Ram Singh
Hansraj
Chainaram
State
Dr. Pushpendra Singh Bhati
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
