The High Court allowed the bail application of the accused charged under the NDPS Act. The Court observed that the recovered contraband was below the commercial quantity and the embargo under Section 37 was not attracted, thus granting bail on a bond.
Enlargement on bail on 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:18953]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 5286/2024
Bhagirath S/o Banwari Lal, Aged About 30 Years, R/o Chak 71, Gb (Moghi), P.s. Anoopgarh, Dist. Anoopgarh, Raj. (At Present Lodged In Sub Jail, Anoopgarh)
----Petitioner
| Versus |
|---|
State Of Rajasthan, Through Pp
----Respondent
| For Petitioner(s) | : Mr. |
Manish Kumar |
|---|---|---|
| For Respondent(s) | : Mr. |
Laxman Solanki,PP |
HON'BLE MR. JUSTICE FARJAND ALI Order
01/05/2024
of filing an application under Section 439 Cr.P.C. at the instance of accused-petitioner. The requisite details of the matter are
tabulated herein below:
| S.No. | Particulars of | the Case |
|---|---|---|
| 1. | FIR Number | 212/2024 |
| 2. | Concerned Police Station | Anoopgarh |
| 3. | District | Anoopgarh |
| 4. | Offences alleged in the FIR | Under Sections of the 8/15 NDPS Act |
| 5. | Offences added,if any | - |
| 6. | Date of passing of impugned order |
24.04.2024 |
(2 of 2)
[2024:RJ-JD:18953]
[CRLMB-5286/2024]
contained under Section 37 of NDPS Act is not attracted in this case.
(FARJAND ALI),J
595-chhavi/-
2 issues framed by the court
Whether bail should be granted to the accused charged under the NDPS Act where the recovered contraband is below the demarcated commercial quantity.
Whether the embargo under Section 37 of the NDPS Act is attracted in the given circumstances.
3 provisions across 2 enactments
Bhagirath S/o Banwari Lal
State Of Rajasthan
Farjand Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
