Dismissed

Ajay Khatri S/O Shri Babulal Khatri v. State of Rajasthan

Rajasthan HC13 Feb 2024CRLMB/143/2024

Case brief

AI extract

What is this about?

Criminal Bail Application under Section 439 Cr.P.C. in an NDPS case. Bail dismissed due to gravity of offence involving commercial quantity and evidence based on co-accused statement and call details.

What did the court decide?

Bail application dismissed; petitioner directed to continue in judicial custody.

What the court decided

Ajay Khatri S/O Shri Babulal Khatri Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2024)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 143/2024

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Ajay Khatri S/o Shri Babulal Khatri, Aged About 33 Years, R/o House No. 112, Behind Picture Palace, Kumher Gate, Bharatpur Rajasthan. (At Present Accused 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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Ram Kishor S/o Not Known, Aged About 53 Years, R/o Hall Si Police Station Bhahampuri, Jaipur City (North).

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----Respondents

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For Petitioner(s) : Mr. Tara Chand Sharma, Adv. For Respondent(s) : Mr. Ganesh Saini, PP

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HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

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Order

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13/02/2024

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The present bail application has been filed under Section 439 Cr.P.C. in connection with FIR No.284/2022 Registered at Police Station Brahampuri, Jaipur City (North) for the offence(s) under Sections 8/21 and 8/22 of NDPS Act.

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Learned counsel for the petitioner submits that the petitioner has been wrongly implicated in this case. He is behind the bars since 10.12.2023. Charge-sheet has been filed against the petitioner. Learned counsel for the petitioner further submits that recovery was made from co-accused Sunil Gupta. The petitioner was made an accused on account of call details between coaccused Sunil Gupta and the petitioner. Learned counsel for the petitioner also submits that the Seizing Officer had not complied

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[CRLMB-143/2024]

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(2 of 3)

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with the provision of Sub-section 2 of Section 52-A of NDPS Act. Conclusion of trial may take long time. So, the petitioner be enlarged on bail.

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Learned counsel for the petitioner has placed reliance upon the judgments passed by the Co-ordinate Bench of this Court in S. B. Criminal Miscellaneous Bail Application Nos.15067/2023 titled as “Sharvan Singh Vs. State Of Rajasthan & Anr” . decided on 02.02.2024 and in S. B. Criminal Miscellaneous 2^nd Bail Application No.12423/2023 titled as “Smt. Vishnu Kanwar Vs. State Of Rajasthan” decided on 16.10.2023 .

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Learned Public Prosecutor has opposed the arguments advanced by learned counsel for the petitioner and submitted that during interrogation, co-accused Sunil Gupta clearly stated that he had purchased drugs from the petitioner. Investigating Officer had collected call details of the petitioner with co-accused Sunil Gupta. Recovered contraband article is more than commercial quantity. So, looking to the gravity of offence, the bail application filed by the petitioner be dismissed.

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I have considered the arguments advanced by learned counsel for the petitioner as well as learned Public Prosecutor. 5. Contraband article was recovered from conscious possession of co-accused Sunil Gupta. During investigation, co-accused Sunil Gupta gave information that he had purchased contraband article from the petitioner. The Investigating Officer had procured call details of the petitioner with co-accused Sunil Gupta. Recovered contraband article is more than commercial quantity. So, looking

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[CRLMB-143/2024]

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(3 of 3)

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to the gravity of offence and nature of allegation, I do not consider

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it a fit case to enlarge the petitioner on bail.

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