In a bail application under Section 439 Cr.P.C. concerning offences under the NDPS Act, the single judge dismissed the petition. The court found that the presence of commercial quantity contraband and Call Detail Reports between the accused and the main accused precluded bail.
Bail application dismissed; no case made out for grant of bail.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 5335/2022
Heer Singh S/o Shri Bijal Singh, Aged About 54 Years, R/o Kibla Ps Jaswantpur Dist. Jalore Raj. (At Present Lodged In Sub Jail Bali)
----Petitioner
Versus
Union Of India, Through N.c.b.
| For Petitioner(s) | : Mr. S.K. |
Gaur | ----Respondent |
|---|---|---|---|
| For Respondent(s) | : Mr. M.R. |
Pareek, | Spl. PP for NCB |
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
06/12/2022
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.VIII(IO)07/NCB/JZU/2022, Police Station NCB Jodhpur, District Pali, registered for the offences punishable under Sections 8/18, 25 and 29 of the NDPS Act.
Learned counsel for the petitioner submits that no recovery has been made from the possession of the petitioner. The petitioner has been implicated in this case with the aid of Section 29 of the NDPS Act. The petitioner is in the judicial custody and the trial of the case will take sufficiently long time. Therefore, the benefit of bail may be granted to the petitioner.
Learned Special Public Prosecutor has opposed the bail application and submits that recovered contraband is commercial quantity and there is a call detail report between the present
(2 of 2)
[CRLMB-5335/2022]
petitioner and the main accused, therefore, the benefit of bail may not be granted to the accused-petitioner.
I have considered the arguments advanced before me and gone through the material available on record.
Looking to the facts that the recovered contraband is commercial quantity and there is a call detail report between the present petitioner and the main accused, therefore, no case is made out for grant of bail to the petitioner.
Hence, the instant bail application is hereby dismissed.
(MANOJ KUMAR GARG),J
9-Rashi/-
2 issues framed by the court
Whether bail should be granted to the petitioner implicated under Sections 8, 18, 25 and 29 of the NDPS Act.
Whether the commercial quantity of recovered contraband and Call Detail Reports warrant denial of bail.
2 provisions across 2 enactments
Heer Singh S/o Shri Bijal Singh
Union Of India
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
