The High Court of Rajasthan dismissed the bail application of Daya Kishan Sharma, who was arrested regarding an NDPS offence involving the recovery of a commercial quantity of smack from a vehicle in which he was found.
None. Bail application dismissed.
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[2024:RJ-JP:25261]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 1513/2024
Daya Kishan Sharma S/o Shri Rajendra Kumar Sharma, Aged About 30 Years, R/o Plot No. 328, Civil Lines, Police Station Junction, District Hanumangarh (Rajasthan) (At Present The Accused In Judicial Custody At District Jail Kota).
----Petitioner
Versus ----Respondent
State Of Rajasthan, Through Pp
For Petitioner(s) : Mr. Raghav Sharma For Respondent(s) : Mr. Riyasat Ali-PP
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order
28/05/2024
The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No.274/2023 registered at Police Station Ramganj Mandi, District Kota Rural for the offence(s) under Section 8/21 of the NDPS Act.
Learned counsel for the petitioner submits that the accusedpetitioner has falsely been implicated in the case. Learned counsel further submits that the recovery of contraband article was effected from the car which does not belong to the present accused-petitioner. The petitioner is in custody since long and the trial of the case will take considerable time, therefore, the benefit of bail may be granted to the accused-petitioner.
Per contra, learned Public Prosecutor opposes the bail application.
[2024:RJ-JP:25261]
[CRLMB-1513/2024]
(2 of 2)
Heard and perused the material placed on record.
Considering the arguments advanced by counsel for the parties and looking to the fact that the recovery of smack weighing 938 grams was effected from Swift car bearing registration No.HR-51-CH-6497 and petitioner was found in the said vehicle, therefore, considering the commercial quantity recovered from the accused-petitioner, I am not inclined to enlarge the accused-petitioner on bail.
Hence, the bail application filed under Section 439 of Cr.P.C. on behalf of accused-petitioner is dismissed.
(PRAVEER BHATNAGAR),J
1-Rahul Joshi
1 issue framed by the court
Whether bail should be granted to the accused-petitioner implicated in an NDPS case involving a commercial quantity of smack.
2 provisions across 2 enactments
Daya Kishan Sharma
State Of Rajasthan
Praveer Bhatnagar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
