Allowed

Beena Sansi W/O Rajesh Sansi D/O Shri Shiv Karan Sansi v. State of Rajasthan

Rajasthan HC2 Sept 2024CRLMB/10063/2024

Case brief

AI extract

What is this about?

High Court granted bail to petitioner accused in drug case (NDPS Act, Secs 8/20, 21). Recovery was below commercial quantity with no criminal history. Court relied on Supreme Court precedent allowing bail when substance quantity is non-commercial.

What did the court decide?

Petitioner enlarged on bail under Section 483 B.N.S.S. to furnish personal bond of Rs.1,00,000/- with two sureties of Rs.50,000/- each.

Beena Sansi W/O Rajesh Sansi D/O Shri Shiv Karan Sansi Vs… — Narcotics (NDPS) | Rajasthan HC (2024)

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[2024:RJ-JP:36846]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 10063/2024

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Beena Sansi W/o Rajesh Sansi D/o Shri Shiv Karan Sansi, Aged About 21 Years, R/o Kareda Bujurg, Tehsil Niwai, Police Station Dattwas, District Tonk, Presently R/o House No 30, Patel Colony, Badi Ka Bas, Police Station Shivdaspura, Jaipur. (At Present Confined In Central Jail Jaipur)

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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. Kishan Swami For Respondent(s) : Mr. N.S. Dhakad, Public Prosecutor

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HON'BLE MR. JUSTICE GANESH RAM MEENA

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Order

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02/09/2024

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The instant bail application has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 on behalf of accused-petitioner in connection with FIR No.623/2024 registered at Police Station Shivdaspura, District Jaipur City (South) for offences under Sections 8/20 & 8/21 of the N.D.P.S. Act.

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Learned counsel for the petitioner submits that the recovery of alleged contraband from the possession of the petitioner is of 984 gram ganja and 68 gram smack, which is less than the commercial quantity. He further submits that the petitioner is behind the bars since 31.07.2024 and therefore, she may be released on bail.

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Learned Public Prosecutor vehemently opposed the bail application and submits that there is a recovery of 984 gm ganja

[2024:RJ-JP:36846]

[CRLMB-10063/2024]

(2 of 3)

and 68 gm smack from the possession of the petitioner, therefore, she does not deserve indulgence of bail by this Court.

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Considered the submissions made by learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material available on record.

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The recovery of contraband from the possession of the accused-petitioner is less than commercial stipulated commercial quantity and there is no other criminal antecedent discredit to the petitioner.

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The Hon’ble Apex Court in the case of Puranmal Jat Vs. State of Rajasthan in Criminal Appeal No.3394/2023 arising out of SLP (Crl.) No.10670/2023 decided on 02.11.2023 has enlarged the accused therein on bail and observed as under:-

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“The allegations against the appellant relate to commission of offence under the provisions of Sections 8 and 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called “the Act”). Alleged recovery from him is about 35 kgs. and 150 grams Doda Posh (Poppy straw). The commercial quantity for poppy straw is 50 kgs. The appellant is in custody for over seven months. Charge-sheet has been submitted in the case. The recovered contraband item having weight less than the stipulated commercial quantity, the restriction on grant of bail under Section 37 of the Act does not apply in his case. We do not think his continued detention pending trial is necessary in the given circumstances.”

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Having regard to the above, this Court without expressing any opinion on the merits/demerits of the case, deems just and proper to enlarge the accused-petitioner on bail.

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[2024:RJ-JP:36846]

[CRLMB-10063/2024]

Accordingly, the bail application under Section 483 B.N.S.S. is allowed and it is ordered that the accused-petitioner named above in connection with FIR No.623/2024 registered at Police Station Shivdaspura, District Jaipur City (South) shall be enlarged on bail provided she furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for her appearance before the Court concerned on all the dates of hearing and as and when called upon to do so.

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(GANESH RAM MEENA),J

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Ashish Kumar /66

Beena Sansi W/O Rajesh Sansi D/O Shri Shiv Karan Sansi v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Beena Sansi W/O Rajesh Sansi D/O Shri Shiv Karan Sansi v. State of Rajasthan

Case brief

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What did the court decide?

What the court decided

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