The High Court allowed the bail application of Dasrath Singh accused under Sections 8/15 & 29 of the NDPS Act. Noting lack of independent evidence and co-accused release, the Court found Section 37 restrictions satisfied and ordered release on bond.
Petitioner released on bail by furnishing personal bond of Rs. 2,00,000 with two surety bonds of Rs. 1,00,000 each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR.
….
S.B. Criminal Misc. Bail Application No. 17416/2021
Dasrath Singh S/o Laxman, aged 30 years, resident of Gram Panchayat Chogawadi, Tehsil Gangrar, District Chittorgarh. (At Present Lodged In District Jail, Chittorgarh)
----Petitioner
Versus
State of Rajasthan through PP
----Respondent
| For Petitioner(s) | : Mr. Kailash Khileri. |
|---|---|
| For Respondent(s) | : Mr. Anda Ram Choudhary,PP. |
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order
24/02/2022
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. 165/2017, Police Station Gogunda, District Udaipur, registered for the offences punishable under Sections 8/15 & 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
Heard learned counsel for the accused-petitioner as well as learned Public Prosecutor. Perused the material available on record.
Learned counsel for the petitioner stated that the contraband, I,.e. poppy-straw , weighing 720 kgs. including bags have been recovered from the accused Bharat Sen; that Bharat
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Sen named Tarachandra Bhat, Ramniwas Patidar and Shahbhulal Gurjar; that the contraband in question was to be supplied to one Laxman Dhakad; that all the three persons named above were found accused in the offence; that the accused-petitioner has falsely been implicated in this case for the offences punishable under Sections 8/15 & 29 of the NDPS Act on the basis of the statement of the co-accused only; that there is no other evidence available against the accused-petitioner; that benefit of bail has already been granted to the co-accused Bharat Sen, from whom the contraband in question has been recovered, by the co-ordinate Bench of this Court vide order dated 15.05.2019; that the accused-petitioner is in custody since 24.06.2021 (since the date of his arrest); that the charge-sheet has been filed; and that the trial will take time, therefore, benefit of bail may be granted to the accused- petitioner.
Per contra, learned Public Prosecutor has vehemently and fervently opposed the bail application of the accused-petitioner and stated that the money was provided by the accusedpetitioner; that the recovered quantity of the contraband in question is of commercial quantity; that call detail report in regard to present accused is not available but does not controvert this fact that except to the statement of the co-accused, there is no other evidence available against the accused-petitioner. Learned Public Prosecutor further stated that the restrictions contained under Section 37 of the NDPS are clearly attracted in this case.
Having regard to the facts and circumstances of the case, particularly looking to the facts that except to the statement of the co-accused, there is no other evidence available against the
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[CRLMB-17416/2021]
accused-petitioner; that the benefit of bail has already been granted to the co-accused persons, namely, Bharat Sen S/o Chunnilal Sen by the co-ordinate Bench of this Court vide order dated 15.05.2019 (Bail Application No. 4943/2019); that the accused-petitioner is behind the bars since 24.06.2021 (since the date of his arrest); and that 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. This Court is of the opinion that the conditions mentioned under Section 37 of the NDPS Act have been satisfied in this case.
Consequently, the bail application is allowed. It is ordered that the petitioner, Dasrath Singh S/o Laxman , arrested in connection with F.I.R. No. 165/2017, Police Station Gogunda, District Udaipur, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond in the sum of Rs. 2,00,000/- (Rupees Two Lacs only) with two sound and solvent surety bonds in the sum of Rs. 1,00,000/- (Rupees One Lac only) each to the satisfaction of the learned Trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.
(DEVENDRA KACHHAWAHA),J
13-Mohan/-
3 issues framed by the court
Whether bail is maintainable and grantable in an NDPS offence involving commercial quantity where the accused is implicated based largely on co-accused statement.
Whether restrictions under Section 37 of the NDPS Act attract and apply to the present case.
What conditions should be imposed for release on bail in this narcotic drug case.
3 provisions across 2 enactments
Dasrath Singh
State of Rajasthan
Devendra Kachhawaha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
