The High Court of Rajasthan granted bail to two petitioners arrested in connection with an FIR involving poppy straw recovery, charging them under Sections 8/15 and 25 of the NDPS Act.
Petitioners granted bail conditioned upon executing a personal bond of Rs.1,00,000/- with two sureties of Rs.50,000/- each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2023/RJJD/005397]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
(1) S.B. Criminal Miscellaneous Bail Application No. 811/2023
Mangilal @ M.k. S/o Shri Jagdish Ram, Aged About 22 Years, R/o Singhdo Ki Dhani, Pali Mukhya, Police Station Matora, District Jodhpur (Raj.) (Presently Lodged At Central Jail Jodhpur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
(2)S.B. Criminal Miscellaneous Bail Application No. 16051/2022
Shaitanram S/o Arjunram, Aged About 26 Years, R/o Matauda, Ps Matauda, Dist. Jodhpur. (At Present In Judicial Custody In Central Jail Jodhpur).
----Petitioner
| Versus | |
|---|---|
| State Of Rajasthan, | Through Pp ----Respondent |
| For Petitioner(s) | : Mr. Mahaveer Bishnoi Mr. Jayram Saran Mr. B. R. Godara |
| For Respondent(s) | : Mr. Shrawan Bishnoi,PP |
HON'BLE MR. JUSTICE MADAN GOPAL VYAS Judgment / Order
15/02/2023
The petitioners have been arrested in connection with FIR No.82/2021 of Police Station Matora, District Jodhpur for the offences punishable under Sections 8/15 & 25 of NDPS Act. They have preferred these bail applications under Section 439 Cr.P.C.
Heard learned counsel for the parties. Perused the material available on record.
Learned counsel for the petitioners submitted that as per the prosecution story, 53.200 kgs poppy straw was recovered from
[2023/RJJD/005397]
[CRLMB-811/2023]
(2 of 2)
three gunny bags. It is submitted that aforesaid contraband was recovered in gunny bag. It is further submitted that if the weight of gunny bag is excluded from the total weight, there is all possibility that the total weight of the contraband is marginally excessive to the commercial quantity. However, in identical matters, the coordinate Bench of this Court has granted benefit of bail. Learned counsel has produced copies of the order dated 23.04.2019, 04.08.2021, 10.04.2019, 06.05.2019 & 19.05.2021 to buttress his arguments.
Learned Public Prosecutor has vehemently opposed the bail application.
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 petitioners under Section 439 Cr.P.C.
Accordingly, the bail applications filed under Sec.439 Cr.P.C. are allowed and it is directed that petitioners (1) Mangilal @
M.K. S/o Shri Jagdish Ram & (2) Shaitanram S/o Shri
Arjunram shall be released on bail in connection with FIR No.82/2021 of Police Station Matora, District Jodhpur provided they execute personal bonds 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.
(MADAN GOPAL VYAS),J
114-nidhi/-
1 issue framed by the court
Whether bail should be granted to accused persons charged under Sections 8/15 and 25 of the NDPS Act?
2 provisions across 2 enactments
Mangilal @ M.K.
Shaitanram
State Of Rajasthan
Madan Gopal Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
