This High Court allowed a bail application filed under Section 439 Cr.P.C. by Haseen Khan accused of offences under the NDPS Act, releasing him on a personal bond along with two sureties.
Accused-petitioner released on bail upon furnishing a personal bond of Rs. 50,000 and two sureties of Rs. 25,000 each.
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[2023/RJJP/007096]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 937/2023
Haseen Khan Son Of Wahid Khan, Aged About 32 Years, Resident Of House Number 24, Mualana Ajad Nagar Colony, Nai Ki Thadi, Jaisinghpura Khor, Jaipur (Raj.) (At Present Confined In District Jail Jaipur)
----Petitioner
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Petitioner(s) : Mr. Mohit Sharma Mr. Nirmal Kumar Sharma For Respondent(s) : Mr. M.S. Saini, PP
HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI
Order
18/04/2023
The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioner against the impugned order dated 13.01.2023 passed by learned Court below for the offence under Sections 8/20 of the NDPS Act in FIR No. 171/2022 registered at Police Station Jaisingpura Khor, District Jaipur.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The accused-petitioner has nothing to do with the alleged offence. He is behind the bars since long time. Learned counsel further submits that the seized 140 green plants allegedly recovered by the Seizure Officer from the plot of the present petitioner, do no come within the definition of ‘Ganja’ as defined under the NDPS Act. Only the flowering and
[2023/RJJP/007096]
[CRLMB-937/2023]
(2 of 2)
fruiting tops of cannabis plant are to be considered as ‘Ganja’. The stalk, wet leaves, branches etc. do no come within the definition of ‘Ganja’. Trial of the case is likely to take a long time to conclude and till then, his further incarceration would not serve any fruitful purpose. He is ready and willing to furnish bail bonds for his release. Therefore, the bail application deserves to be allowed.
Learned Public Prosecutor has vehemently opposed the bail application. He submits that the petitioner has no legal license to grow and possess the said drug.
Heard learned counsel for the parties and perused the material available on record.
Taking into consideration the submissions put forth and overall facts and circumstances of the case but without commenting upon detailed merits of the case, this Court deems it fit to enlarge the accused-petitioner on bail.
Therefore, the bail application is allowed. Accused-petitioner namely- Haseen Khan Son Of Wahid Khan, shall be released on bail, if he is not required in any other case, provided he furnishes a personal bond in the sum of Rs.50,000/- (Fifty Thousand) together with two sureties in the sum of Rs.25,000/- (Twenty-five Thousand) each to the satisfaction of the learned trial court with the stipulation that he shall appear before that Court and any other court to which the matter is transferred, on all subsequent dates of hearing and as and when he is called upon to do so.
(VINOD KUMAR BHARWANI),J
SAHIL SONI/17
1 issue framed by the court
Whether the accused-petitioner should be enlarged on bail for the offence under Sections 8/20 of the NDPS Act.
2 provisions across 2 enactments
Haseen Khan
State Of Rajasthan
Vinod Kumar Bharwani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
