Dismissed

Satveer Singh @ Sattu v. State of Rajasthan

Rajasthan HC27 Jul 2023CRLMB/7053/2023

Case brief

AI extract

What is this about?

In this bail application under Cr.P.C. 439, the petitioner challenged his羁押 alleging procedural lapses in seizure and FSL reporting under the NDPS Act. The learned prosecutor argued against bail due to the commercial quantity of drugs involved, invoking Section 37 of the NDPS Act. The court held that arguments touched upon merits and commercial quantity barred bail.

What did the court decide?

Bail application rejected; no preliminary relief granted.

Satveer Singh @ Sattu Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2023)

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[2023:RJ-JD:23799]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 7053/2023 Satveer Singh @ Sattu S/o Sh. Malkit Singh, Aged About 35 Years, R/o 24 Z Sahib Singh Wala, Tehsil And Distt. Sri Ganganagar.( At Present Lodged In Central Jail Sri Ganganagar.)

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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. Depesh Singh Beniwal
For Respondent(s)	: Mr. Mool Singh Bhati with Mr. Prakash Panwar

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HON'BLE MR. JUSTICE MADAN GOPAL VYAS Order

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27/07/2023

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This bail application has been filed by the petitioner under Section 439 Cr.P.C. in relation to FIR no.61/2021, Police Station MatilIrathan, District Sri Ganganagar for the offences under Sections 8/22 and 8/22 read with Section 29 of the NDPS Act. 2. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. It is submitted that if the statements of PW-1 Ram Bhaj, ASI, Lal Garh Jatan are seen, then it is amply clear that there are procedural lacunas in the seizure and also in sending the samples to FSL. It is further submitted that the samples were not sent to the FSL in sealed condition. Therefore, there is non-compliance of mandatory provisions of NDPS Act. Learned counsel submits that the petitioner is in custody from last two years and and trial of the case will take time. Therefore, the petitioner may be enlarged on bail.

[2023:RJ-JD:23799]

[CRLMB-7053/2023]

(2 of 2)

Per contra, learned Public Prosecutor opposed the prayer made by learned counsel for the petitioner. Learned Public Prosecutor submits that the arguments advanced by the learned counsel for the petitioner touch upon the merits of the case. He further submits that in the present case, the recovered contraband is 2900 and 22500 Tablets of TRIIO-SR, which is in commercial quantity and therefore, the present case is hit by the provisions of Section 37 of the NDPS Act. Learned Public Prosecutor thus, prayed that the bail application may be rejected.

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

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Having regard to the facts and circumstances of the case and in view of the fact that the arguments advanced by the learned counsel for the petitioner touches upon the merits of the case and as per the prosecution story, in the present case the recovered contraband is in commercial quantity and therefore, grant of bail is hit by the provisions of Section 37 of the NDPS Act, this Court does not find it to be a fit case for grant of bail to the petitioner.

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Consequently, the present bail application is rejected.

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However, the learned trial court is directed to expedite the trial of the case.

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A copy of this order be sent to the learned trial court either by FAX or by email.

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(MADAN GOPAL VYAS),J

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84-CPGoyal/-

Satveer Singh @ Sattu v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Satveer Singh @ Sattu v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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