Dismissed

Smt. Farzana W/O Sh. Abdul Rajjak v. State of Rajasthan

Rajasthan HC28 Sept 2022CRLMB/1189/2022

Case brief

AI extract

What is this about?

The High Court of Rajasthan disposed of a bail application under CrPC 439 filed by an accused regarding NDPS Act charges. The court dismissed the application citing commercial quantity of contraband and criminal antecedents, distinguishing cited precedents.

What did the court decide?

Bail under Section 439 Cr.P.C. is dismissed.

Smt. Farzana W/O Sh. Abdul Rajjak Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 1189/2022

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Smt. Farzana W/o Sh. Abdul Rajjak, R/o Pelikhan Lohakhan, Police Station Civil Lines, Ajmer (At Present Lodged In Central Jail Ajmer)

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----Petitioner/Applicant

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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. Vinay Pal Yadav, Adv. For Respondent(s) : Mr. S. S. Mehla, PP

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HON'BLE MR. JUSTICE SAMEER JAIN

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Order

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Reserved on 23/09/2022 Pronounced on 28/09/2022

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The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-applicant. The accused-applicant was arrested in connection with FIR No. 149/2021 registered at Police Station Civil Lines District Ajmer for the offence(s) under Sections 8/22, 8/29 of NDPS Act.

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Learned counsel for the accused-applicant submitted that the accused-applicant is an old lady aged 45 years who is in custody since 28.06.2021. Learned counsel contends that there was categoric violation of Section 50 of NDPS Act, which prescribes conditions under which search of persons shall be conducted. It is submitted that neither the competent person conducted the search nor was the recovery made following due procedure of law. Learned counsel has further submitted that co-accused persons have already been enlarged on bail vide orders dated 06.12.2021 and 29.03.2022. Learned counsel has further

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(2 of 3)

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[CRLMB-1189/2022]

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submitted that charge-sheet has been filed and conclusion of trial is likely to take a long time and no useful purpose would be served by keeping the accused-applicant behind bars till disposal of the case. Learned counsel has also relied upon the Hon’ble Apex Court judgment of State of Rajasthan Vs. Parmanand & Anr. reported in 2014 Cr.L.R. (SC) 290 and orders of Co-ordinate Bench of this Court at Principal Seat, in the case of Bhagga Ram Vs. State of Rajasthan: SB Cri. Misc. Bail App. No. 14577/2021 and Bhajjan Lal @ Bhajna Ram Vs. State of Rajasthan: SB Cri. Misc. Bail App. No. 16972/2021 .

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Per contra , learned Public Prosecutor has vehemently opposed the bail application and has submitted that about 95 gram 84 miligram of contraband/MD was recovered from the possession of the accused-applicant, which is much more than minimum prescribed commercial quantity and the same was without any license and permit. The accused-applicant is also having criminal antecedents. As per report submitted by police station Civil Lines Ajmer, two cases pertaining to NDPS Act (Case No. 3938/2020 arising out of FIR No. 51/2020 dated 08.02.2020 registered at police station Civil Lines Ajmer for offence under Section 8/20 NDPS Act and Case No. 428/2021 arising out of FIR No. 149/2021 dated 29.06.2021 for offence under Section 8/22 NDPS Act) are registered and under consideration before appropriate court. He has further submitted that case of the present accused-applicant is not on equal footing with that of the co-accused who have been enlarged on bail as no direct recovery was made from the said coaccused persons. He has further submitted that due compliance of law was carried out and search/recovery was made in accordance with law after following due procedure and only dispute regarding the same will

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(3 of 3)

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[CRLMB-1189/2022]

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be looked after by the trial court and cannot be entertained/appreciated at this stage.

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Heard the arguments advanced by the counsel for the parties and perused the record.

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In the case in hand, commercial quantity of contraband (about 94.85 gms of MD) was recovered from the possession of accused-applicant. It is also observed that two other NDPS cases are also pending against the accused-applicant, as indicated in the criminal antecedents report and as highlighted by learned Public Prosecutor. The dispute regarding compliance of Section 50 of NDPS Act is a matter of trial and cannot be looked into at this stage and therefore the judgments cited above by the learned counsel for the accused-applicant are distinguishable. Moreover, recent judgment of Hon’ble Apex Court in the case of State of Kerala & Ors. Vs. Rajesh & Ors. reported in (2020) 12 SCC 12 , while relying upon the provisions of Section 37 of the NDPS Act, has held that while exercising of powers to grant bail under provisions of NDPS Act, “reasonable grounds” have to be considered which are something more than prima facie grounds and there has to be substantial probable causes of believing that accused is not guilty of alleged offence.

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In the case in hand, looking to the aforesaid, considering the criminal antecedents and looking to the overall facts and circumstances of the case and material on record but without commenting on merits/demerits of the case, this court is not inclined to grant bail to the accused-applicant.

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Accordingly, the bail application under Section 439 Cr.P.C. is dismissed.

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(SAMEER JAIN),J

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Pooja /4

Smt. Farzana W/O Sh. Abdul Rajjak v. State of Rajasthan

Case brief

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Smt. Farzana W/O Sh. Abdul Rajjak v. State of Rajasthan

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