This bail application was filed under Section 439 Cr.P.C. The High Court allowed the application in an NDPS case, noting that the recovered contraband was below commercial quantity and the Section 37 embargo did not apply.
Accused-petitioner enlarged on bail upon furnishing a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- 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:16026]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 4341/2024
Harshit @ Happy S/o Shri Shuresh, Aged About 19 Years, R/o Village Narayanpura, Tehsil Vallabhnagar, P.s. Bhinder, Dist. Udaipur Presently R/o House No. 75, Bank Strait, Savina (Rural) P.s. Savina, Dist. Udaipur (At Present Lodged In Central Jail Udaipur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
| For Petitioner(s) | : Mr. RS Chouhan |
|---|---|
| For Respondent(s) | : Mr. A.R. Choudhary,PP |
HON'BLE MR. JUSTICE FARJAND ALI
Order
09/04/2024
| S.No. | Particulars | of the Case | |
|---|---|---|---|
| 1. | FIR Number | 137/2024 | |
| 2. | Concerned Police Station | Hiranana Magari | |
| 3. | District | Udaipur | |
| 4. | Offences alleged in the FIR | Under Sections 8/20 the NDPS Act |
of |
| 5. | Offences added,if any | - | |
| 6. | Date of passing of impugn order |
ed 06.04.2024 |
(2 of 3)
[2024:RJ-JD:16026]
[CRLMB-4341/2024]
quantity. No case for the alleged offences is made out against him and he has been made an accused based on conjectures and surmises. His incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accused-petitioner. The embargo contained under Section 37 of NDPS Act is not attracted in this case.
(3 of 3) [CRLMB-4341/2024]
[2024:RJ-JD:16026]
concerned on all the dates of hearing as and when called
upon to do so.
(FARJAND ALI),J
647-divya/-
2 issues framed by the court
Whether bail should be granted to the accused in a narcotics case where the recovered contraband is below commercial quantity.
Whether the embargo under Section 37 of the NDPS Act is attracted in the present case.
3 provisions across 2 enactments
Harshit @ Happy S/o Shri Shuresh
State Of Rajasthan
Farjand Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
