Allowed

Malua S/O Sh. Hori Lal v. State of Rajasthan

Rajasthan HC4 Sept 2023CRLMB/743/2023

Case brief

AI extract

What is this about?

High Court of Rajasthan allowed the bail application of the accused petitioner arrested under the NDPS Act. The court noted a total non-compliance of Section 52-A of the NDPS Act regarding sample collection and reliance placed on a Supreme Court judgment. Bail was granted subject to a personal bond of Rs. 50,000 and two sureties of Rs. 25,000 each.

What did the court decide?

Petitioner allowed bail on a personal bond of Rs. 50,000 and two sureties of Rs. 25,000 each.

Malua S/O Sh. Hori Lal Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 743/2023

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Malua S/o Sh. Hori Lal, Aged About 38 Years, R/o Village Aagadi, Police Station Sadar, Karauli District Karauli (Raj.) ( At Present Confined In Districtjail Sawai Madhopur)

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----Petitioner

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Versus

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State Of Rajasthan, Through P.p.

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----Respondent

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For Petitioner(s)	: Mr. Rinesh Kumar Gupta Mr. Anoop Meena Mr. Gaurav Sharma
For Respondent(s)	: Mr. Ghanshyam Singh Rathore, GA-cum-AAG, through VC
	Mr. Riyasat Ali, PP

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HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

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Order

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04/09/2023

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The instant bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner, who has been arrested in connection with FIR No.101/2022 registered at Police Station G.R.P. Thana, District Sawai Madhopur for the offence under Section 8/21 of NDPS Act.

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It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. He further contends that there has been total non-compliance of Section 52-A of the NDPS Act, according to which, the process of drawing of samples has to be in the presence and under the supervision of the Magistrate and the entire exercise has to be certified by him to be correct. Learned counsel has relied upon the

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(2 of 2) [CRLMB-743/2023]

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judgment of the Hon’ble Apex Court rendered in the case of Simarnjit Singh Vs. State of Punjab ; Criminal Appeal No.1443/2023, decided on 09.05.2023. He submits that petitioner is in jail and trial of the case will take long time in its conclusion.

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Learned Public Prosecutor has opposed the bail application.

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I have considered the contentions.

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Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioner, especially the facts that there has been total non-compliance of Section 52-A of the NDPS Act and trial of the case will take long time in its conclusion, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application.

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This bail application is accordingly allowed and it is directed that accused-petitioner - Malua S/o Sh. Hori Lal shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each to the satisfaction of the learned Trial Court with the stipulation that he shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.

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(ANIL KUMAR UPMAN),J

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27-Nirmala

Malua S/O Sh. Hori Lal v. State of Rajasthan

Case brief

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Malua S/O Sh. Hori Lal v. State of Rajasthan

Case brief

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