The High Court of Rajasthan at Jodhpur dismissed the bail application of the petitioner in a narcotics case. The court held that the recovery of a huge quantity of contraband raised a strong prima facie case, precluding bail under Section 37 of the NDPS Act despite the delay in trial.
Bail application dismissed; trial to be concluded within nine months.
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.
[2024:RJ-JD:17142]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous II Bail Application No. 1509/2024
Hanuman S/o Bhagwanaram, Aged About 24 Years, R/o New Khadali, Ranasar Khurd, Rgt Nagar Police Station, Barmer (Raj.) (Lodged In Central Jail, Jodhpur)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. B.R. Bishnoi For Respondent(s) : Mr. Arun Kumar, PP
HON'BLE MR. JUSTICE FARJAND ALI Order
20/04/2024
[2024:RJ-JD:17142]
[CRLMB-1509/2024]
(2 of 2)
and, therefore, in view of the order passed by Hon’ble the Supreme Court in the case of Jairam Vs. State of Rajasthan & Anr., the petitioner should be released on bail. There is an embargo under Section 37 of the NDPS Act as per which unless the Court forms an opinion that the accused is not guilty of the offence or he has not committed the offence, the bail ordinarily should not be granted. There is a case of recovery of huge quantity of contraband and prima facie evidence suggesting that the recovery was made from the petitioner’s conscious possession although, the exclusiveness and consciousness of the possession of the contraband would be determined by the learned trial Court after making a critical appreciation of the evidence, but as on date in view of the huge quantity of contraband, this Court does not deem it appropriate to accede to the prayer made by the petitioner. No case of bail is made out.
(FARJAND ALI),J
12-divya/-
2 issues framed by the court
Whether bail could be granted in view of the huge quantity of contraband recovered from the petitioner.
Whether the delay in trial warrants release on bail under the order in Jairam Vs. State of Rajasthan.
Colour shows how this judgement treated each authority
Jairam Vs. State of Rajasthan & Anr.Referred¶2
Jairam Vs. State of Rajasthan & Anr.
2 provisions across 1 enactments
Hanuman S/o Bhagwanaram
State Of Rajasthan
FARJAND ALI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
