The High Court allowed the bail application of Kapil in an NDPS case (Section 8/15) where recovered contraband was below commercial quantity. The court held Section 37 NDPS Act embargo was inapplicable and granted bail on a bond with sureties.
Petitioner enlarged on bail via 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:40900]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 15070/2023
Kapil S/o Bhanwaru Ram, Aged About 34 Years, R/o Khetolai Tehsil Pokran Dist. Jaisalmer. (At Present Lodged In Sub Jail, Pokran).
----Petitioner
| Versus |
|---|
The State Of Rajasthan, Through Pp
| ----Respondent | ||
|---|---|---|
| For Petitioner(s) | : Mr. Jagdish Bhadu |
|
| For Respondent(s) | : Mr. S.K. Bhati,PP |
HON'BLE MR. JUSTICE FARJAND ALI Order
28/11/2023
| S.No. | Particulars of | the Case |
|---|---|---|
| 1. | FIR Number | 66/2023 |
| 2. | Concerned Police Station | Lathi |
| 3. | District | Jaisalmer |
| 4. | Offences alleged in the FIR | Under Sections 8/15 of the NDPS Act |
| 5. | Offences added,if any | - |
| 6. | Date of passing of impugned order |
17.11.2023. |
no factors at play in the case at hand that may work against grant of bail to the accused-petitioner. The embargo contained under Section 37 of NDPS Act is not attracted in this case.
(FARJAND ALI),J
517-arjun/-
2 issues framed by the court
Whether bail should be granted to the accused as the recovered contraband is below commercial quantity and Section 37 NDPS Act embargo is not attracted.
Whether the petitioners incarceration on conjectures warrants enlargement on bail under Section 439 Cr.P.C.
2 provisions across 2 enactments
Kapil
The State Of Rajasthan
Farjand Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
