Allowed

Vikram Kumar @ Vicky v. State of Rajasthan

Rajasthan HC25 May 2023CRLMB/3698/2023

Case brief

AI extract

What is this about?

Single judge of High Court of Rajasthan at Jodhpur allowed bail under Section 439 Cr.P.C. in NDPS case where FSL report indicated recovered tablets contained only Chlorpheniramine and not scheduled narcotics, directing release subject to personal and surety bonds.

What did the court decide?

Petitioner released on bail in connection with FIR No.548/2022, requiring personal bond of Rs.1,00,000/- with two sureties of Rs.50,000/- each.

Vikram Kumar @ Vicky 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. 3698/2023

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Vikram Kumar @ Vicky S/o Ramchandra, Aged About 40 Years, R/o Ward No. 23, Sangariya, Police Station Sangariya, District Hanumangarh, Rajasthan. (At Present Lodged In District Jail, Hanumangarh)

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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. Bhanwaru Ram
For Respondent(s)	: Mr. Mukhtiyar Khan, PP

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HON'BLE MR. JUSTICE MADAN GOPAL VYAS Order

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25/05/2023

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The petitioner has been arrested in connection with FIR No.548/2022 of Police Station Sangaria, District Hanumangarh for the offence punishable under Sections 8/22 & 29 of the NDPS Act. He has preferred this bail application under Section 439 Cr.P.C.

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Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. It is submitted that as per the FSL report dated 15.12.2022, the following finding has been given:-

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"The sample tablets packed in the packet marked ए was found to contain "Chlorpheniramine". The presence of Tramadol could not be detected in these sample tablets. Weight of the ten tablets is 4.00gm.

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In view of the above, learned counsel for the petitioner submits that as per the FSL report, the recovered article does not fall within the purview of any narcotic drug or psychotropic substance as specified under the NDPS Act. The accused-

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[CRLMB-3698/2023]

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(2 of 2)

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petitioner is behind the bars since long and the trial of the case will take time. Therefore, it is prayed that the accused-petitioner may be enlarged on bail.

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Learned Public Prosecutor has vehemently opposed the bail application.

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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 petitioner under Section 439 Cr.P.C.

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Accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Vikram Kumar @ Vicky S/o Ramchandra shall be released on bail in connection with FIR No.548/2022 of Police Station Sangaria, District Hanumangarh provided he executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

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The copy of the FSL report dated 15.12.2023 submitted before the Court is taken on record.

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(MADAN GOPAL VYAS),J

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27-nidhi/-

Vikram Kumar @ Vicky v. State of Rajasthan

Case brief

What is this about?

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Vikram Kumar @ Vicky v. State of Rajasthan

Case brief

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