Allowed

Bheru Lal @ Arjun v. Union of India

Rajasthan HC4 Jul 2024CRLMB/1054/2024

Case brief

AI extract

What is this about?

High Court of Rajasthan allowed bail to petitioner arrested under NDPS Act for drugs found in commercial quantity with co-accused. Court held petitioner was falsely implicated not present at recovery, thus Section 37 rigor satisfied, granting bail with bonds and administrative conditions for future penalty recovery.

What did the court decide?

Bail granted; petitioner to furnish personal bond and two surety bonds; within 7 days, accused and sureties to submit affidavit of bank details and Aadhar copies.

Bheru Lal @ Arjun Vs Union of India — Narcotics (NDPS) | Rajasthan HC (2024)

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[2024:RJ-JD:26897]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 1054/2024

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Bheru Lal @ Arjun S/o Shri Banshi Lal Luhar, Aged About 20 Years, R/o Mandafiya Distt. Chittorgarh.

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(Presently Lodged In Distt. Jail Chittorgarh)

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----Petitioner

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Versus

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Union Of India, Through Pp

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----Respondent

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For Petitioner(s) : Mr. OP Sangwa For Respondent(s) : Mr. K.S. Nahar, Sp. PP for CBN

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HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI Order

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04/07/2024

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Petitioner is lugged and locked in F.I.R No.04/2023 of Police Station CBN, Chittorgarh, for the offence under Section(s) 8/18 and 8/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. He has filed this application for restoration of liberty under section 439 of the Code of Criminal Procedure, 1973.

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I have considered the rival submissions made by learned counsel for the applicant as well as learned Special Public Prosecutor and perused the record.

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Learned Special Public Prosecutor for the CBN has strongly objected the different submissions made by learned counsel for the applicant and submitted that 2.700 Kgs. of contraband opium recovered from the co-accused falls within the ambit of commercial quantity and the bar as contained in Section 37 of the NDPS Act is attracted. He thus, craves rejection of the applicant’s bail application.

[CRLMB-1054/2024]

[2024:RJ-JD:26897]

(2 of 3)

I have given my anxious consideration to the rival submissions with reference to material placed before me.

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On perusal of the record and upon consideration of the submissions, it would be prima-facie clear that the petitioner was not present at the place of recovery. As per complaint filed by the prosecution, he has been falsely implicated in the present case on the basis of information furnished by the principal accused, who stated that the alleged contraband was intended to be supplied by the petitioner – Bheru Lal. Charge-sheet in the case has already been filed.

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Having considered the material available on record; the arguments advanced by counsel for the applicant particularly the facts narrated above and the fact that applicant is in custody since 28.07.2023; that bail rejection order goes to show that applicant is not involved in any other case under the N.D.P.S. Act; that trial is likely to take its own considerable time and taking note of all these aspects, I do not intend to go into the merits of the matter but of the considered view that the rigor of Section 37 of the N.D.P.S. act is duly satisfied, forasmuch this court feels that the applicant has available to him substantial grounds so as to question the prosecution case and no useful purpose would be served by keeping the applicant in detention for an indefinite period therefore, I am inclined to grant indulgence of bail to the petitioner at this stage.

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Consequently, the present bail application is allowed and it is directed that the accused-petitioner Bheru Lal @ Arjun S/o Shri Banshi Lal Luhar , arrested in connection with the F.I.R.

[2024:RJ-JD:26897]

[CRLMB-1054/2024]

(3 of 3)

No.04/2023 of Police Station CBN, Chittorgarh, shall be released on bail provided he furnishes a personal bond and two surety bonds of sufficient amount 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. 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 their all bank accounts, with bank and branch name, in shape of an affidavit, and submit legible copy of their Aadhar cards as well as copy of front page of Bank 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.

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(RAJENDRA PRAKASH SONI),J

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12-Payal/-

Bheru Lal @ Arjun v. Union of India

Case brief

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Bheru Lal @ Arjun v. Union of India

Case brief

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