The High Court granted bail to the applicant in an NDPS Act case involving recovery of poppy straw, relying on the possibility that the net weight might marginally exceed commercial quantity and the absence of prior criminal history.
Bail granted subject to execution of personal bond of Rs. 1,00,000 with two sureties of Rs. 50,000 each.
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:13535]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 3285/2024
Om Prakash S/o Tara Chand, Aged About 29 Years, R/o Chak 2 K.D., Rawal Mandi, P.S. Rawla Mandi, District Anopgarh. (At Present Lodged In Central Jail Bikaner )
----Petitioner
Versus
State of Rajasthan, Through PP
----Respondent
| For Petitioner(s) | : Mr. Shree Kant Verma |
|---|---|
| For Respondent(s) | : Mr. SK Bhati,PP |
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Order
21/03/2024
The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with FIR No. 32/2024, Police Station Gajner, District Bikaner for the offence under Section 8/15 of NDPS Act. 2) Heard learned counsel for the parties. Perused the material available on record. 3) Learned counsel for the petitioner submitted that as per the prosecution story, 51.500 kilo gram of poppy straw was recovered from three black plastic polythene bags. It is further submitted that if the weight of plastic polythene bags are excluded from the total weight, there is all possibility that the total weight of the contraband is marginally in excess to the commercial quantity. However, in identical matters, the co-ordinate Bench of this Court has granted benefit of bail. It is also submitted that there is no
[2024:RJ-JD:13535]
[CRLMB-3285/2024]
(2 of 2)
previous criminal case registered against the petitioner. Thus, it is prayed that the petitioner may be enlarged on bail. 4) Learned Public Prosecutor has vehemently opposed the prayer made by the petitioner. 5) 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.
(MADAN GOPAL VYAS),J
73-neha/-
1 issue framed by the court
Whether the petitioner is entitled to bail in an NDPS case involving commercial quantity given marginal weight discrepancies and no prior criminal history?
1 provisions across 1 enactments
Om Prakash
State of Rajasthan
Madan Gopal Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
