Allowed

Kenaram v. State of Rajasthan

Rajasthan HC16 May 2024CRLMB/2261/2024

Case brief

AI extract

What is this about?

The High Court of Rajasthan granted bail to the petitioner charged under the NDPS Act. The court found a violation of Section 42(1) due to the seizure officer's failure to take charge as SHO before recovery and lack of documents proving his charge. The court deemed it just to grant bail despite not expressing an opinion on the merits of the charges.

What did the court decide?

Petitioner released on bail on personal bond of Rs. 2,00,000 with two sureties of Rs. 1,00,000 each before the trial court.

Kenaram Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2024)

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[2024:RJ-JD:22178]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 2261/2024 Kenaram S/o Hanumanram, Aged About 27 Years, R/o Balau Jati, Ps Madli, Dist Barmer. (Lodged In Dist Jail Rajsamand)

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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. Vinod Kumar Sharma Mr. Dilip Sharma For Respondent(s) : Mr. Mahipal Bishnoi Mr. Teja Ram, CI (ACB), Nagaur (IO)

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HON'BLE MR. JUSTICE MANOJ KUMAR GARG Order

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16/05/2024

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The petitioner has been arrested in connection with FIR No.426/2021 of Police Station Deogarh, District Rajsamand for the offence punishable under Sections 8/15, 8/25, 29 of NDPS Act, 1985. He has preferred this bail application under Section 439 Cr.P.C.

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Counsel for the petitioner submits that recovery has been made on 19.10.2021 at about 11:00 A.M. by Shri Teja Ram, whereas the Station House Officer of the Police Station Deogarh, at that time, was Mr. Puran Mal Meena and no document has been produced before this Court with regard to taking charge of the aforesaid Police Station by Shri Teja Ram. Further, counsel submits that Mr. Teja Ram took charge as SHO of Police Station Deogarh on 19.10.2021 at about 07:03 P.M. and the contraband was recovered in the morning on the same day. Seizure Officer-Mr. Teja Ram has been examined before the trial court as PW-1 and in his statement, he only mentioned that he is posted as SubInspector in the Police Station, Deogarh. Counsel further submits

[2024:RJ-JD:22178]

[CRLMB-2261/2024]

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that there is a clear-cut violation of Sub-Section (1) of Section 42 of NDPS Act. The accused-petitioner is in judicial custody since 19.10.2021 and there are no criminal antecedents against him. The trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accusedpetitioner.

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Learned Public Prosecutor has opposed the bail application.

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I have considered the arguments advance before me and carefully gone through the material available on record.

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Looking to the fact that there is a violation of Sub-Section (1) of Section 42 of NDPS Act and no document has been produced that PW-1 Teja Ram is having charge as SHO of the relevant Police Station, Deogarh.

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Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

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Accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Kenaram S/o Hanumanram shall be released on bail in connection with FIR No.426/2021 of Police Station Deogarh, District Rajsamand provided he executes a personal bond in a sum of Rs.2,00,000/with two sound and solvent sureties of Rs.1,00,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

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(MANOJ KUMAR GARG),J

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80-GKaviya/-

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[2024:RJ-JD:22178] (3 of 3) [CRLMB-2261/2024]

Kenaram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Kenaram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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