Dismissed

Samay Singh Meena S/O Kanaram v. State of Rajasthan

Rajasthan HC18 Jul 2024CRLMB/230/2024

Case brief

AI extract

What is this about?

Single Judge of the Rajasthan High Court dismissed a bail application under Section 439 Cr.P.C. The court held that the cumulative quantity of recovered heroin fell within the commercial quantity, activating Section 37 of the NDPS Act, making the petitioners ineligible for bail under Section 439.

What did the court decide?

The bail application filed under Section 439 Cr.P.C. is dismissed.

Samay Singh Meena S/O Kanaram Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2024)

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[2024:RJ-JP:30114]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 230/2024

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Samay Singh Meena S/o Kanaram, Aged About 28 Years, R/o Village Khairpur, Tehsil Mandawar, Police Station Baijupada, District Dausa (Rajasthan) At Present Resident Of House No. A- 1, Ambedkar Nagar, Police Station Jyoti Nagar, Jaipur (Rajasthan) (At Present Confined 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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----Respondent

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For Petitioner(s) : Ms. Swati Sharma for Mr. Girish Khandelwal For Respondent(s) : Mr. Riyasat Ali-PP

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HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

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Order

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18/07/2024

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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.295/2023 registered at Police Station Jyoti Nagar, District Jaipur City (South) for the offence(s) under Section 8/21 of the NDPS Act.

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Learned counsel for the petitioner submits that the accusedpetitioner has falsely been implicated in the case. The recovered quantity of heroin is 230 grams, which is below commercial quantity. There is no criminal antecedents of the accusedpetitioner. The accused-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.

[2024:RJ-JP:30114]

[CRLMB-230/2024]

(2 of 2)

Per contra , learned Public Prosecutor opposes the bail application and submits that from the possession of the petitioner and the other co-accused Ramdhan Gurjar, 788 grams of herion was recovered. The said quantity of heroin falls within the ambit of ‘commercial quantity’, therefore, in view of rider imposed under Section 37 of the NDPS Act, the bail application of the accusedpetitioner deserves dismissal.

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Heard and perused the factual report and the impugned order dated 03.01.2024 passed by the learned trial Court.

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Considering the arguments advanced by the counsel for the parties and looking to the fact that from the possession of the accused-petitioner and the other co-accused Ramdhan Gurjar, cumulative quantity of 788 grams of heroin was recovered, therefore, in view of rider imposed under Section 37 of the NDPS Act, I am not inclined to enlarge the accused-petitioner on bail.

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In view of the above, the present bail application filed under Section 439 Cr.P.C., on behalf of accused-petitioner is dismissed.

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(PRAVEER BHATNAGAR),J

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18-Rahul Joshi

Samay Singh Meena S/O Kanaram v. State of Rajasthan

Case brief

What is this about?

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Samay Singh Meena S/O Kanaram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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