The High Court allowed a bail application filed by two accused persons charged under the NDPS Act. The court ruled that since the recovered contraband was below the demarcated commercial quantity, the stringent provisions of Section 37 did not apply, and bail was granted.
Bail granted on personal bond of Rs. 50,000 with two sureties of Rs. 25,000 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.
[2023:RJ-JD:40678]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 14867/2023
----Petitioners
Versus
State Of Rajasthan, Through Pp
----Respondent
| For Petitioner(s) | : Mr. Rajendra Singh Charan |
|---|---|
| For Respondent(s) | : Mr. Mahipal Bishnoi,PP |
HON'BLE MR. JUSTICE FARJAND ALI
Order
24/11/2023
| S.No. | Particulars of | the Case |
|---|---|---|
| 1. | FIR Number | 445/2023 |
| 2. | Concerned Police Station | Gulabpura |
| 3. | District | Bhilwara |
| 4. | Offences alleged in the FIR | Under Sections 8/15 & 8/18 of NDPS Act |
| 5. | Offences added,if any | |
| 6. | Date of passing of impugned order |
17-11-2023 |
(2 of 3)
[2023:RJ-JD:40678]
[CRLMB-14867/2023]
(3 of 3) [CRLMB-14867/2023]
[2023:RJ-JD:40678]
the satisfaction of the learned trial Judge for their appearance
before the court concerned on all the dates of hearing as and when called upon to do so.
(FARJAND ALI),J
112-nitin/divya-
2 issues framed by the court
Whether bail is maintainable and suitable in a case with recovered contraband below demarcated commercial quantity under the NDPS Act.
Whether the embargo under Section 37 of the NDPS Act is attracted in the present case.
3 provisions across 2 enactments
Baldev Singh S/o Surjeet Singh Sandhu
Jasbeer Singh S/o Baldev Singh
State Of Rajasthan
Farjand Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
