Regular bail application under Section 439 Cr.P.C. for an accused in an FIR under Sections 8/21 NDPS Act, where 788 grams of heroin—a commercial quantity—was recovered cumulatively from the petitioner and a co-accused. Applying the bar in Section 37, the court declined bail.
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[2024:RJ-JP:30116]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 574/2024
Ramdhan Gurjar S/o Shravan Lal Gurjar, Aged About 26 Years, R/o Village Bhattawala, Tehsil Jamwaramgarh, Police Station Jamwaramgarh, Jaipur, Presently House No. C-53, Nandpuri, Govindpuri, Sodala, Police Station Sodala, Jaipur. (At Present Confined In Central Jail, Jaipur, District Jaipur).
----Petitioner
Versus
State of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Suresh Gurjar For Respondent(s) : Mr. Riyasat Ali-PP
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order
18/07/2024
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.
Learned counsel for the petitioner submits that the accusedpetitioner has falsely been implicated in the case. There is no criminal antecedents of the accused-petitioner. The accusedpetitioner 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.
Per contra , learned Public Prosecutor opposes the bail application and submits that from the possession of the petitioner
[2024:RJ-JP:30116]
[CRLMB-574/2024]
(2 of 2)
and the other co-accused Samay Singh Meena, 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 accused-petitioner deserves dismissal.
Heard and perused the factual report and the impugned order dated 08.01.2024 passed by the learned trial Court.
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 Samay Singh Meena, 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.
In view of the above, the present bail application filed under Section 439 Cr.P.C., on behalf of accused-petitioner is dismissed.
(PRAVEER BHATNAGAR),J
19-Rahul Joshi
1 issue framed by the court
Whether bail can be granted under Section 439 Cr.P.C. despite recovery of 788 grams of heroin, a commercial quantity, attracting Section 37 NDPS Act restrictions.
3 provisions across 2 enactments
Ramdhan Gurjar
State of Rajasthan
Praveer Bhatnagar
As recorded by the court registry
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