High Court granted regular bail to three petitioners charged under NDPS Act for possessing drugs below commercial quantity, directing them to execute bonds with sureties.
Release of petitioners on bail upon execution of personal bond of Rs.2,00,000/- each with two sound and solvent sureties of Rs.1,00,000/- each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc. Bail Application No. 14697/2022
Sumer Singh S/o Hanuman Singh, Aged About 38 Years, R/o Sainik Basti, Nagaur Police Station Kotwali, Nagaur Dist. Nagaur.
(At Present Lodged In Dist. Jail, Nagaur).
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
Connected With
S.B. Criminal Misc. Bail Application No. 7562/2022
Harendra S/o Sh. Arjun Ram, Aged About 30 Years, R/o Village Bhakrod, P.s. Khinwsar, Dist. Nagaur, At Present Indra Colony, P.s. Kotwali Nagaur, Dist. Nagaour.
(At Present Lodged In Nagaur Jail).
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
S.B. Criminal Misc. Bail Application No. 8943/2022
Tansukh S/o Sh. Aaidan Ram, Aged About 24 Years, R/o Chatra Manjra P.s. Sadar Nagaur Dist. Nagaur.
(At Present Lodged In Dist. Jail, Nagaur).
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
| For Petitioner(s) | : | Mr. Lal Singh Rathore |
|---|---|---|
| Mr. Surendra Singh Choudhary Mr. Rakesh Matoria |
||
| For Respondent(s) | : | Mr. Shrawan Bishnoi, Public Prosecutor |
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
(2 of 3)
[CRLMB-14697/2022]
21/11/2022
These three bail applications have been filed by the petitioners under Section 439 Cr.P.C. seeking regular bail in connection with the FIR No. 305/2022 registered at Police Station Kotwali, District Nagaur for the offences punishable under Sections 8/21 of Narcotic Drugs and Psychotropic Substances Act, 1985.
Learned counsel for the petitioners submits that FSL report has been received showing result of examination that packet marked A was found to have contained Mephedrone (4methylmethcathinone) and Methamphetamine. He submits that according to Schedule of NDPS Act, the recovered contraband is below commercial quantity and challan of the case has already been presented. The accused-petitioners are in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioners.
Learned Public Prosecutor has vehemently opposed the bail application.
Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioners under Section 439 Cr.P.C.
Accordingly, the bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioners (1) Sumer Singh S/o Hanuman Singh; (2) Harendra S/o Sh. Arjun Ram; and (3) Tansukh S/o Sh. Aaidan Ram shall be released on bail in connection with FIR No. 305/2022 registered at Police Station Kotwali, District Nagaur provided each of them execute personal bond in a sum of Rs.2,00,000/- each with two sound and
(3 of 3)
[CRLMB-14697/2022]
solvent sureties of Rs.1,00,000/- each to the satisfaction of learned trial court for their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
(MANOJ KUMAR GARG),J
182-Mak/-
1 issue framed by the court
Whether the petitioners are entitled to regular bail under Section 439 Cr.P.C. in a case involving drugs below commercial quantity under NDPS Act.
2 provisions across 2 enactments
Sumer Singh S/o Hanuman Singh
Harendra S/o Sh. Arjun Ram
Tansukh S/o Sh. Aaidan Ram
State Of Rajasthan, Through PP
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
