Dismissed

Sahilen Chandra Rai Son of Shri Sharat Chandra Rai v. State of Rajasthan

Rajasthan HC27 Jul 2021CRLMB/8843/2021

Case brief

AI extract

What is this about?

Hon'ble Justice Pankaj Bhandari dismissed the second bail application of Sahilen Chandra Rai under Section 439 Cr.P.C. regarding Sections 8/20 NDPS Act, noting commercial contraband recovery. After considering state opposition, the court was not inclined to entertain the prayer.

What did the court decide?

Second bail application dismissed without entertaining the prayer of the applicant.

Sahilen Chandra Rai Son of Shri Sharat Chandra Rai Vs… — 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 Second Bail Application No. 8843/2021

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Sahilen Chandra Rai Son Of Shri Sharat Chandra Rai, Aged About 36 Years, Resident Of South Ambadi Police Station Pundibadi District Koch Bihar, West Bengal At Present Near Pani Ki Pyau, Jhalana Kacchi Basti, Police Station Malviya Nagar, Jaipur (Raj.) (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 P.p.

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----Respondent

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For Petitioner(s) : Mr. Anil Kumar Upman, through VC For State : Mr. Mangal Singh Saini, PP

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HON'BLE MR. JUSTICE PANKAJ BHANDARI

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Judgment / Order

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27/07/2021

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Petitioner has filed this second bail application under Section 439 of Cr.P.C.

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F.I.R. No. 415/2020 registered at Police Station Chaksu, District Jaipur for offence under Sections 8/20 of NDPS Act.

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It is contended by counsel for the petitioner that petitioner was arrested on 10.10.2020. Period of 180 days for filing the charge-sheet expired on 08.04.2021. Petitioner moved an application on 09.04.2021 under Section 167 (2) Cr.P.C. that he has not been provided the copy of charge-sheet and without any authority Judicial Remand has been extended.

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Learned Public Prosecutor has opposed the second bail application. It is contended that commercial contraband was

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(2 of 2) [CRLMB-8843/2021]

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recovered from the conscious possession of the petitioner. Chargesheet was actually filed on 05.04.2021, but since the date was listed on 27.04.2021, copy of the charge-sheet was not made available to the petitioner or his counsel.

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I have considered the contentions.

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Learned Court mentioned in the impugned order that chargesheet was filed on 05.04.2021 i.e. much prior to the period of 180 days.

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Considering the contentions put forth by counsel for the State, I am not inclined to entertain the second bail application.

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This second bail application is accordingly dismissed.

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(PANKAJ BHANDARI),J

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NIKHIL KR. YADAV /10

Sahilen Chandra Rai Son of Shri Sharat Chandra Rai v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Sahilen Chandra Rai Son of Shri Sharat Chandra Rai v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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