Dismissed

Malkeet Singh @ Gurmit Singh v. State of Rajasthan

Rajasthan HC27 Jul 2023CRLMB/5807/2023

Case brief

AI extract

What is this about?

High Court dismissed two bail applications filed under Section 439 Cr.P.C. against petitioners accused under NDPS Act for possession of narcotics beyond commercial quantity. Bench upheld impugned orders rejecting third and first bail applications citing gravity of offence and reliability of identification.

What did the court decide?

Petitioners enlarged on bail not granted; both 4th and 2nd bail applications dismissed.

Malkeet Singh @ Gurmit Singh Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2023)

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[2023:RJ-JD:23886]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous 4^th Bail Application No. 5166/2023

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Gurpeet Singh @ Chakar Singh S/o Jarmail Singh @ Jalaur Singh, Aged About 26 Years, R/o Khatalbana, Tehsil And District Sri Ganganagar.

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(At Present Lodged In Central Jail, Sriganganagar)

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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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Connected With

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S.B. Criminal Miscellaneous 2^nd Bail Application No. 5807/2023 Malkeet Singh @ Gurmit Singh @ Meeta Singh S/o Sh. Mahendra Singh, Aged About 28 Years, R/o.Khatalbana, Teh. And Dist. Sriganganagar

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(Presently Lodged In Dist. Jail, Sriganganagar).

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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. Ashok Bishnoi & Mr. Mangilal Vishnoi For Respondent(s) : Mr. S.K. Bhati, PP

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HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

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Order

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27/07/2023

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The present 4^th and 2^nd bail applications have been filed under Section 439 Cr.P.C. on behalf of the petitioners who are in custody in connection with F.I.R. No.54/2019, Police Station Hindumalkot, District Sri Ganganagar, for the offences under Sections 8/22, 29 of NDPS Act.

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Heard learned counsel for the petitioners and learned Public

(2 of 3)

[2023:RJ-JD:23886]

[CRLMB-5166/2023]

Prosecutor. Perused the material available on record.

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The learned Public Prosecutor opposes the bail.

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After rejection of the third bail application of the petitioner Gurpeet Singh @ Chakar Singh and first bail application of the petitioner Malkeet Singh @ Gurmit Singh, statement of PW.5 Sunil Kumar has been recorded before learned trial Court.

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Learned counsel for the petitioners submits that it is impossible that PW.5 Sunil Kumar who is a beat constable can recognize the petitioners. He further submits that even a bare reading of the statement of PW.5 Sunil Kumar shows that he could not have identified the petitioners as the time of incident is late in night. He further submits that in a village where 3500 people reside, it is not possible that a beat constable recognizes the faces and names of the residents of that village and, therefore, the statement of PW.5 Sunil Kumar is not worth credence. He further submits that the petitioners have suffered incarceration for more than four years. He, therefore, prays that the petitioners may be enlarged on bail.

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I have considered the submissions made at the Bar and gone through the relevant record of the case including the statement of PW.5 Sunil Kumar.

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As per the statement of PW.5 Sunil Kumar, he has very categorically stated that he has identified the petitioners as they are residents of the village where he is performing the duties of beat constable. There is no reason for this Court to disbelieve the

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(3 of 3) [CRLMB-5166/2023]

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[2023:RJ-JD:23886]

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statement of PW.5 Sunil Kumar. In the present case, the contraband tablets in huge quantity (Tramadol Huydrochloride Tables 100 MG trio-SR of 5450 tablets) has been recovered, which are beyond commercial quantity.

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Having regard to the totality of the facts and circumstances of the case and looking to the nature of accusation and gravity of the offence, without expressing any opinion on the merits of the case, I am not inclined to grant 4^th and 2^nd bail applications under Section 439 Cr.P.C. to the petitioners at this stage.

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Accordingly, both the bail applications preferred by the petitioners under Section 439 Cr.P.C. are dismissed.

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(VINIT KUMAR MATHUR),J

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118-119/SanjayS/-

Malkeet Singh @ Gurmit Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Malkeet Singh @ Gurmit Singh v. State of Rajasthan

Case brief

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