Dismissed

Bholuram @ Banti S/O Sitaram v. State of Rajasthan

Rajasthan HC10 Oct 2024CRLMB/202/2024

Case brief

AI extract

What is this about?

The High Court declined to grant bail in a case involving possession of commercial quantity of ganja. The Court held that Section 37 of the N.D.P.S. Act imposes strict conditions, which were not met, and non-compliance with Section 52-A or trial delay does not justify bail.

What did the court decide?

Bail application dismissed; accused-petitioner remains in custody.

Bholuram @ Banti S/O Sitaram Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2024)

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[2024:RJ-JP:42782]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 202/2024

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Bholuram @ Banti S/o Sitaram, Riico Area Ward No.16, Kishangarh Renwal, District Jaipur (Raj.) (At Present Confined At Sambhar Jail)

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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. Umesh Dixit, Adv. For Respondent(s) : Mr. Amit Gupta, PP

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HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

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Order

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10/10/2024

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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.279/2023, registered at Police Station Renwal, District Jaipur Rural for the offence(s) under Sections 8/20 of the N.D.P.S. Act.

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Learned counsel for the petitioner contended that the accused-petitioner has falsely been implicated for the offences under Section 8/20 of the N.D.P.S. Act. It is also contended that the petitioner is in custody since 04.11.2023 and trial of the case is proceeding in snails pace. It is also contended that after submission of challan, evidence of Seizure Officer has been recorded and out of 19 witnesses cited by the prosecution, only one witness has been examined. It is also argued that compliance of Section 52-A of the N.D.P.S. Act has not been properly made. The accused-petitioner is in custody since long and trial of the

[2024:RJ-JP:42782]

[CRLMB-202/2024]

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case may take considerable time, therefore, the bail application of the accused-petitioner may be allowed.

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Learned Public Prosecutor has vehemently opposed the bail application.

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Heard and perused the material available on the record.

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It is alleged against the petitioner that from his possession 55 kg and 70 grams of ‘Ganja ’ was recovered. The said quantity falls within the ambit of commercial quantity. Section 37 of the N.D.P.S. Act imposes a rider that the accused can be enlarged on bail only on the conditions when the Court is satisfied that there is reasonable grounds for believing that the accused is not guilty of such an offence and he is likely not to commit any offence while on bail.

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In the present case, the accused-petitioner is found in possession of 55 kg and 70 grams of ‘Ganja’ and it is not a case where the Court satisfied that there is reasonable ground for believing that the accused-petitioner is not guilty of any such offence.

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As far as non-compliance of Section 52-A of the N.D.P.S. Act concerned, it is subject matter of trial and at the stage of bail, Court cannot scrutinize the legality of the proceedings held under Section 52-A of the N.D.P.S. Act. The Hon’ble Apex Court in the case of Narcotics Control Bureau Vs. Mohit Agarwal, reported in 2022 SC OnLine SC 891 has specifically held that mere delay in trial cannot be a ground to dilute the condition enshrined under Section 37 of the N.D.P.S. Act, therefore, considering the factual aspects of the case, I am not inclined to enlarge accusedpetitioner-Bholuram @ Banti on bail.

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Accordingly, the instant bail application is hereby dismissed.

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(PRAVEER BHATNAGAR),J

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Ashwani Kr Srivastava /-1

Bholuram @ Banti S/O Sitaram v. State of Rajasthan

Case brief

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Bholuram @ Banti S/O Sitaram v. State of Rajasthan

Case brief

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