Held that since the quantity of contraband seized is below commercial quantity, the case is fit for grant of bail. Bail allowed on furnishing of personal bond and two surety bonds.
Released on bail subject to personal bond of Rs. 1,00,000/- and two surety bonds of Rs. 50,000/- each, along with stipulation to submit bank details and Aadhar copies.
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/006161]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 969/2023
Yudhveer Singh S/o Sh. Gurmukh Singh, Aged About 20 Years, r/ o W.no. Purana 15 Naya 23, Anupgarh, P.s. Anupgarh, Dist. Sriganganagar (Raj.).
(At Present Lodged In Sub Jail Anupgarh).
----Petitioner
| Versus | |
|---|---|
| State Of Rajasthan, | Through Pp ----Respondent |
| For Petitioner(s) | : Mr. Gurumukh Singh, father of the petitioner |
| For Respondent(s) | : Mr. Sharwan Bishnoi,PP |
HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI
Order
02/03/2023
The prayer made in this bail application filed under Section 439 of the Code of Criminal Procedure (for short "the Code") is for grant of bail in connection with crime registered pursuant to First Information Report No.40/2023 of Police Station Anupgarh District Sriganganagar in respect of offences punishable under Sections 8/21 & 25 of NDPS Act.
Heard the arguments advanced by Mr. Gurumukh Singh, father of the petitioner, learned public prosecutor and carefully perused the entire material available in case diary.
Mr. Gurumukh Singh, present in person representing petitioner has fervently and vehemently argued that petitioner is innocent person and has been falsely implicated in this case. He further submits that since only 11 gms. of heroine has alleged to
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be seized in the present case which is well below the commercial quantity, hence, the embargo contained under Section 37 of the NDPS Act would not be attracted in the present case looking to the manner under which seizure was made. For all these grounds which have been emphatically addressed by Mr. Gurumukh Singh, for the petitioner, he prays for grant of bail to the petitioner.
Per contra, learned Public Prosecutor has opposed the bail application and submitted that in the facts of the present case, it is expedient that accused be kept in the custody.
Having regard to the totality of the facts and circumstances of the case and particularly the fact that the quantity of contraband is less than the commercial quantity, without expressing any opinion on the merits, this Court is of the opinion that it is a fit case for grant of indulgence of bail to the petitioner.
Consequently, the bail application is allowed. It is ordered that the accused-petitioner Yudhveer Singh S/o Sh. Gurmukh Singh in F.I.R. No.40/2023 of Police Station Anupgarh District Sriganganagar shall be released on bail; provided he furnishes a personal bond of Rs. 1,00,000/- and two surety bonds of Rs. 50,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so and if not required by Jail Authorities in any other case. This order is subject to the condition that accused, within 7 days of his release and sureties, on the day of furnishing bail, will also furnish details of his all bank accounts, with bank and branch name, in shape of an affidavit, and submit legible copy of their Aadhar cards as well as front page of Bank
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pass book, for smooth recovery of penalty amount, if there arise a need for recovery of penalty under Section 446 Cr.P.C in future.
(RAJENDRA PRAKASH SONI),J
119-Payal/-
3 issues framed by the court
Whether the petitioner is entitled to bail despite allegations of narcotic offences.
Whether the quantity of seized heroin attracts the embargo under Section 37 of the NDPS Act.
Whether the case prima facie invites grant of bail allowance.
3 provisions across 2 enactments
Yudhveer Singh
State of Rajasthan
RAJENDRA PRAKASH SONI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
