Dismissed

Deram v. State of Rajasthan

Rajasthan HC17 May 2023CRLMB/2891/2023

Case brief

AI extract

What is this about?

In a second bail application for offences under the NDPS Act, the High Court rejected the plea for release. The Court held that since the contraband (poppy straw) was in commercial quantity and recovered from conscious possession, bail under Section 439 Cr.P.C. was not warranted, directed expeditious trial, and dismissed the application.

What did the court decide?

Second bail application under Section 439 Cr.P.C. rejected; trial directed to be expedited.

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

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[2023/RJJD/015847]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 2891/2023

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Second Bail

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Deram S/o Sh. Devi Lal Dhakar, Aged About 25 Years, Raita, P.s. Bengu, Dist. Chittorgarh. (Presently Lodged In Central Jail, Chittorgarh).

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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) : Mr. Kalu Ram Bhati For Respondent(s) : Mr. Mukhtiyar Khan, P.P.

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HON'BLE MR. JUSTICE MADAN GOPAL VYAS Order

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17/05/2023

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The petitioner has been arrested in connection with FIR No. 45/2021 of Police Station Parsoli, District Chittorgarh, for the offences punishable under Sections 8/15, 8/25, 8/29 of the NDPS Act. He has preferred this second bail application under Section 439 Cr.P.C.

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The first bail application of the petitioner was rejected by this Court on 13.12.2022.

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Arguing on this second bail application, learned counsel for the petitioner submits that petitioner has falsely been implicated in the case. It is further submitted that co-accused, Bherulal Lal @ Kailash, has already been enlarged on bail by co-ordinate Bench of this Court vide order dated 20.01.2023 and the case of the present petitioner is not distinguishable from the case of coaccused who has been released on bail. It is also submitted that contraband recovered in the matter is 63 kgs of poppy straw

[2023/RJJD/015847]

[CRLMB-2891/2023]

(2 of 2)

which is marginally above the commercial quantity. The accusedpetitioner is in custody since 07.04.2021. Charge-sheet has been filed in the matter and trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail may be granted to the accused-petitioner.

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Learned Public Prosecutor has vehemently opposed the second bail application and submitted that in the present case, the contraband (poppy straw) was recovered from the conscious possession of the accused-petitioner and the same is in commercial quantity, therefore, rigor of Section 37 is clearly attracted in the present case, therefore, benefit of bail may not be granted to the accused-petitioner.

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Heard learned counsel for the parties and perused the material available on record.

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Having regard to the totality of the facts and circumstances of the case and in view of the fact that recovered contraband article is in commercial quantity and as per prosecution story, the same has been recovered from the conscious possession of the petitioner, I am not inclined to grant bail under Section 439 Cr.P.C. to the petitioner.

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Accordingly, the second bail application preferred by the petitioner under Section 439 Cr.P.C. is rejected. However, learned trial Court is directed to expedite the trial of the case.

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A copy of this order be sent to learned trial Court through e- mail or fax.

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(MADAN GOPAL VYAS),J

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20-Bharti/-

Deram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Deram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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