M而有 Court rejected bail for a petitioner accused under Section 29 of the NDPS Act involving a commercial quantity of tramadol, citing Section 37 without commenting on merits.
The present bail application is rejected; the accused petitioner is not enlarged on bail.
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[2023/RJJD/010960]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 4135/2021 Jhumar Ram Nehra S/o Shri Bhanwara Ram Nehra, Aged About 22 Years, Nosar, Bhadliya, Pees, Molasar, District Nagaur (Raj.). (At Present Lodged In Sub Jail Churu).
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
| For Petitioner(s) | : Mr. Pritam Solanki |
|---|---|
| For Respondent(s) | : Mr. Arun Kumar,PP |
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Order
19/04/2023
The petitioner has been arrested in connection with FIR No.99/2020 of Police Station Ratannagar, District Churu for the offence punishable under Section 29 of the NDPS Act. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. It is also submitted that one of the co-accused namely Raju Ram has already been discharged from the offence alleged against him and the case of the present petitioner is not distinguishable from the case of the co-accused Raju Ram.The accused-petitioner is behind 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.
Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegation against the petitioner Jhumar Ram is that he has sent photos of contraband article to
[2023/RJJD/010960]
[CRLMB-4135/2021]
(2 of 2)
one of the co-accused Sarjeet Singh and as per the call history record of the petitioner, there have been conversations between the petitioner and Sarjeet Singh. Learned Public Prosecutor further submits that during investigation it came to light that the contraband article was supplied to the petitioner by one Rajuram Nehra and on the basis of circumstantial evidence, the investigating agency came to the conclusion that offences have been committed by the petitioner. It is further submitted that in the present case, 43,500 tablets of Tramadol Hydrochloride weighing of 23Kg and 940 grams have been recovered, therefore, it is prayed that bail application may be rejected.
Heard learned counsel for the parties and perused the material available on record.
Having regard to the totality of the facts and circumstances of the case and in view of the fact that 43,500 tablets of Tramadol Hydrochloride weighing of 23Kg and 940 grms have been recovered in the present case which is in commercial quantity and is therefore hit by the provision 37 of the NDPS Act, without commenting on merits and demerits of the case, I do not find it a fit case to grant bail, at this stage, to the accused petitioner.
Consequently, the present bail application is rejected.
(MADAN GOPAL VYAS),J
104-nidhi/-
1 issue framed by the court
Whether bail should be granted to the petitioner when the case involves a commercial quantity of drugs hit by Section 37 of the NDPS Act.
3 provisions across 2 enactments
Jhumar Ram Nehra
State Of Rajasthan
Madan Gopal Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
