Dismissed

Iqbal S/O Sidha Khan v. State of Rajasthan

Rajasthan HC22 Oct 2021CRLMB/7766/2021

Case brief

AI extract

What is this about?

This judgment dismisses four bail applications filed under Section 439 Cr.P.C. concerning NDPS Act offences (Sections 8/20). The court rejected the plea, noting the recovery of 24.300 kgs of Ganja constituted a commercial quantity, rendering the case a non-fit for bail.

What did the court decide?

Bail applications under Section 439 Cr.P.C. were dismissed as the quantity of Ganja recovered was commercial.

Iqbal S/O Sidha Khan 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. 7766/2021

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Iqbal S/o Sidha Khan, Aged About 33 Years, R/o House No. Sarwar Vatika Nangal Jaisa Bohara Ps Kardhani Jaipur (At Present Confined In 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

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Connected With

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S.B. Criminal Miscellaneous Bail Application No. 8780/2021

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Rahul Tailor @ Bunti Son Of Shankerlal Tailor, Aged About 23 Years, Resident Of House Number 14, Mateshawari Vihar, Near Arawali Hotel, Daulatpura Road, Bainad, Jaipur, Jaipur (Presently Confined To Central Jail Jaipur)

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----Petitioner

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Versus

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State Of Rajasthan, Through P.p.

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----Respondent

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S.B. Criminal Miscellaneous Bail Application No. 8781/2021 Mona @ Krishna Wife Of Rajesh Tailor, Aged About 27 Years, Resident Of House Number 71A, Green Park-B, Nangal Jaisa Bohra, Police Station Kardhani, Jaipur (Presently Confined To Central Jail Jaipur)

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----Petitioner

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Versus

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State Of Rajasthan, Through P.p.

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----Respondent

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S.B. Criminal Miscellaneous Bail Application No. 8782/2021 Poonam Swami Son Of Satyanarayan, Aged About 41 Years, Resident Of House Number 30-C, Hanuman Vatika, Nagal Jaisa Bohra, Police Station Kardhani, Jaipur (Presently Confined To Central Jail Jaipur)

----Petitioner

Versus

(2 of 3)

[CRLMB-7766/2021]

State Of Rajasthan, Through P.p.

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----Respondent

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For Petitioner(s)	: Mr.	Sanjay Khan,
	Mr.	Prashant Sharma
For Respondent(s)	: Mr.	Mangal Singh Saini,PP.

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HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

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Order

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22/10/2021

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The present bail applications have been filed under Section 439 Cr.P.C. The petitioners have been arrested in connection with FIR No.364/2021 Registered at Police Station Kardhani, Jaipur City (West) for the offence(s) under Sections 8/20 of NDPS Act.

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Counsel for the petitioners submit that the petitioners have been wrongly implicated in this case. Learned counsel for the petitioners submit that mandatory provisions of NDPS Act have not been complied with in this case. Learned counsel for the petitioners submit that recovered contraband article is not covered under the NDPS Act. So, petitioners be enlarged on bail.

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Learned Public Prosecutor has opposed the arguments advanced by learned counsel for the petitioners and submits that quantity of 24.300 kgs of Ganja has been recovered from the petitioners and it comes in commercial quantity. So, looking to the gravity of the offence, the bail be dismissed.

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I have considered the arguments advanced by learned counsel for the petitioners as well as learned Public Prosecutor. 5. Looking to the commercial quantity of contraband article, I do not consider it a fit case to enlarge them on bail.

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(3 of 3)

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[CRLMB-7766/2021]

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Accordingly, the bail applications under Section 439 Cr.P.C.

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are dismissed.

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A copy of this order be placed in connected files.

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(NARENDRA SINGH DHADDHA),J

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Seema/6-9

Iqbal S/O Sidha Khan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Iqbal S/O Sidha Khan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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