Dismissed

Neeraj Kumar S/O Ramcharan v. State of Rajasthan

Rajasthan HC5 Apr 2021CRLMB/4155/2021

Case brief

AI extract

What is this about?

This single-judge bench rejected a bail application filed under Section 439 Cr.P.C. in a case involving offences under the NDPS Act, 1985. The court held that as the recovered quantity was commercial, the bar under Section 37 of the Act applied, making it inappropriate to grant bail.

What did the court decide?

Petitioner was not enlarged on bail; bail application rejected.

Neeraj Kumar S/O Ramcharan Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 4155/2021

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Neeraj Kumar S/o Ramcharan, Aged About 40 Years, R/o 1/94, N.E.B. Extension, Transport Nagar, Police Station N.E.B., Alwar, Rajasthan. (At Present In Central Jail, Alwar)

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----Accused-Petitioner

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Versus

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State Of Rajasthan, Through P.P.

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----Respondent For Petitioner(s) : Mr. Gajender Singh Rathore For Respondent(s) : Mr. Pankaj Sharma, P.P. Mr. Mr. Balbir Singh, Drug Control Officer, Alwar. Mr. Rajesh Kumar Verma, Inspector, Shivaji Park, Alwar.

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HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

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Judgment / Order

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05/04/2021

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The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.136/2021 registered at Police Station N.E.B., District Alwar for the offence under Section(s) 8, 21 & 22 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short “the Act of 1985”).

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Mr. Balbir Singh, Drug Control Officer, Alwar and Mr. Rajesh Kumar Verma, Inspector, Shivaji Park, Alwar appeared before this Court in pursuance of direction of this Court dated 25.03.2021.

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Drug Control Officer submitted that quantity recovered from the possession of the petitioner is commercial.

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Sub Inspector submitted that the petitioner has no criminal antecedents.

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(2 of 2)

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[CRLMB-4155/2021]

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Learned counsel for the petitioner submitted that he is running a medical shop and hence, no offence under the provisions of the Act of 1985 is made out and prayed for release of the petitioner on bail.

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Learned Public Prosecutor opposed the bail application.

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Taking into consideration the submissions advanced by learned counsels for the respective parties, the quantity of the manufactured drug recovered from the possession of the petitioner being commercial, in view of the bar contained under Section 37 of the Act of 1985; but, without expressing any opinion on the merits of the case, this Court is not inclined to enlarge the petitioner on bail.

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The bail application is rejected accordingly.

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(MAHENDAR KUMAR GOYAL),J

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DANISH USMANI /07

Neeraj Kumar S/O Ramcharan v. State of Rajasthan

Case brief

What is this about?

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Neeraj Kumar S/O Ramcharan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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