The High Court allowed the bail application of Hajur Singh arrested under the NDPS Act. Noting that the contraband was below commercial quantity and trial would take time, the Court ordered release on bail pending trial without evaluating the merits of the case.
Accused-petitioner released on bail on a personal bond of Rs. 1,00,000 and two sureties of Rs. 50,000 each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 1593/2022
Hajur Singh S/o Sh. Bachan Singh, Aged About 45 Years, R/o Sahjipura, P.S. Sadar Hanumangarh, Teh. And Dist. Hanumangarh (Raj.). (At Present Lodged In Dist. Jail, Hanumangarh).
----Petitioner
Versus
State of Rajasthan through PP
----Respondent
| For Petitioner(s) | : | Mr. Vinod Kumar Sihag for Mr. |
|---|---|---|
| KuldeepSharma | ||
| For Respondent(s) | : | Mr. Shrawan Bishnoi,PP |
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order
02/03/2022
The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.09/2022, Police Station Sadar Hanumangarh, District Hanumangarh, registered for the offence punishable under Sections 8/15, 18 and 25 of the NDPS Act.
Heard and considered arguments advanced by learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
Learned counsel for the petitioner stated that as per prosecution, alleged contraband – poppy husk weighing 13 kgs. and opium weighing 600 gms. have been recovered from the
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garage of the petitioner; recovered contraband is below commercial quantity; petitioner is behind the bars since 09.01.2022; no investigation or recovery is pending against the petitioner; further investigation and trial will take time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the accused-petitioner.
Per contra, learned Public Prosecutor has opposed the bail application of the accused-petitioner and stated that three other cases have been registered against the accused-petitioner.
In reply, learned counsel for the petitioner stated that petitioner has been acquitted in case mentioned at S.No.2 in the para 2 of the Rejection Order.
Having regard to the facts and circumstances of the case, particularly looking to the facts that recovered contraband is below commercial quantity; further investigation and trial will take sufficiently long time, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.
Consequently, the bail application is allowed. It is ordered that the accused-petitioner - Hajur Singh S/o Sh. Bachan Singh, arrested in connection with F.I.R. No.09/2022, Police Station Sadar Hanumangarh, District Hanumangarh, shall be
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[CRLMB-1593/2022]
released on bail, if not wanted in any other case; provided he furnishes a personal bond of Rs.1,00,000/- (Rupees One Lac Only) and two sound and solvent sureties of Rs.50,000/- (Rupees Fifty Thousand Only) each to the satisfaction of the learned trial Court for his appearance before that Court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
(DEVENDRA KACHHAWAHA),J
68-Rashi/-
1 issue framed by the court
Whether bail should be granted to the petitioner in a case involving contraband recovery below commercial quantity pending trial.
2 provisions across 2 enactments
Hajur Singh
State of Rajasthan
Devendra Kachhawaha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
