The court dismissed the fourth bail application filed by Govind in an NDPS case involving 350 grams of smack. Despite non-compliance in seizure proceedings, the quantity and existence of a pending case rendered it a non-fit case for bail.
The 4th bail application against the petitioner was dismissed.
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.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous 4th Bail Application No. 546/2024
Govind S/o Chetram, Aged About 32 Years, R/o Bhuri Ka Pura (Beda Banaki), Police Station Sadar Hindaun, District Karauli (Rajasthan). (At Present Confined In Sub Jail Hindaun City, District Karauli (Raj.).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Jiya Ur Rahman, Adv. For Respondent(s) : Mr. Ganesh Saini, PP
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Order
15/02/2024
[CRLMB-546/2024]
(2 of 3)
A(2) of the NDPS Act. Learned counsel for the petitioner further submits that out of 28 witnesses, statement of only 10 witnesses have been recorded by the trial court and statement of 18 witnesses are yet to be recorded. Conclusion of trial may take long time. So, the petitioner be enlarged on bail.
3 . Learned counsel for the petitioner has placed reliance upon the following judgments:- (1) Mangilal Vs. The State Of Madhya Pradesh in Criminal Appeal No.1651/2023 decided on 12.07.2023. (2) Chhaganlal Vs. State Of Rajasthan in S. B. Criminal Miscellaneous Bail Application No.7800/2023 decided on 27.09.2023. (3) Yuvraj Sharma Vs. State Of Rajasthan in S. B. Criminal Miscellaneous Bail Application No.8154/2023 decided on 04.09.2023.
[CRLMB-546/2024]
(3 of 3)
of offence and nature of allegation, I do not consider it a fit case to enlarge the petitioner on bail.
(NARENDRA SINGH DHADDHA),J
Gourav/09
2 issues framed by the court
Whether the petitioner deserves bail given the gravity of the offence involving 350 grams of smack and prior pending case?
Whether the lack of mandatory NDPS Act seizure procedures entitles the petitioner to bail?
Colour shows how this judgement treated each authority
Mangilal Vs. The State Of Madhya PradeshReferred¶17
Mangilal Vs. The State Of Madhya Pradesh in Criminal Appeal No.1651/2023 decided on 12.07.2023
Chhaganlal Vs. State Of RajasthanReferred¶17
Chhaganlal Vs. State Of Rajasthan in S. B. Criminal Miscellaneous Bail Application No.7800/2023 decided on 27.09.2023
Yuvraj Sharma Vs. State Of RajasthanReferred¶17
Yuvraj Sharma Vs. State Of Rajasthan in S. B. Criminal Miscellaneous Bail Application No.8154/2023 decided on 04.09.2023
4 provisions across 2 enactments
Govind S/o Chetram
State Of Rajasthan
Narendra Singh Dhaddha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
