Allowed

Arun v. State of Rajasthan

Rajasthan HC25 Aug 2023CRLMB/10545/2023

Case brief

AI extract

What is this about?

This order grants bail to an accused-petitioner charged under Section 8/18 of the NDPS Act. The Court held that the recovered opium was below commercial quantity, making the NDPS Act embargoes inapplicable, and the incarceration unwarranted due to the lack of a made-out case.

What did the court decide?

Enlargement of accused-petitioner on bail upon furnishing a personal bond of Rs. 50,000/- with two sureties of Rs. 25,000/- each.

Arun Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 10545/2023

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Arun S/o Sanjay Kumar, Aged About 27 Years, R/o Ward No. 27 Suda Colony Rawatsar Dist. Hanumangarh (At Present Lodged In Sub Jail Nohar)

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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For Petitioner(s) For Respondent(s)	: Mr. : Mr.	Ganga Ram S.K. Bhati,P.P.

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HON'BLE MR. JUSTICE FARJAND ALI Order

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25/08/2023

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The jurisdiction of this court has been invoked by way of filing an application under Section 439 CrPC at the instance of accused-petitioner. The requisite details of the matter are

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tabulated herein below:

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S.No .	Particulars of	the Case
1.	FIR Number	460/2023
2.	Concerned Police Station	Rawatsar
3.	District	Hanumangarh
4.	Offences alleged in the FIR	8/18 of NDPS Act
5.	Offences added,if any	-
6.	Date of passing of impugned order	21.08.2023 (Wrongly mentioned in order as 21.10.2023)

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It is contended on behalf of the accused-petitioner that the recovered contraband opium is well below demarcated commercial quantity. The embargo contained under Section 37 of NDPS Act is not attracted in this case. No case for the alleged offence is made out against him and his incarceration is not warranted. There are no factors at play in the case at hand that may work against grant

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[CRLMB-10545/2023]

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(2 of 2)

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of bail to the accused-petitioner and he has been made an accused based on conjectures and surmises.

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Contrary to the submissions of learned counsel for the petitioner, learned Public Prosecutor opposes the bail application and submits that the present case is not fit for enlargement of accused on bail.

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Have considered the submissions made by both the parties and have perused the material available on record. The recovered contraband opium is well below demarcated commercial quantity. The embargo contained under Section 37 of NDPS Act is not attracted in this case. There is high probability that the trial may take long time to conclude. In light of these facts and circumstances, it is deemed suitable to grant the benefit of bail to the petitioner in the present matter. Needless to say, none of the observations made herein under shall affect the rights of either of the parties during trial and this Court refrains from commenting on the niceties of the matter.

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Accordingly, the instant bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner as named in the cause title shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.

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(FARZAND ALI),J

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178-divya/-

Arun v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Arun v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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