Allowed

Shrawan Singh v. State of Rajasthan

Rajasthan HC8 Aug 2024CRLMB/7030/2024

Case brief

AI extract

What is this about?

In this bail application under Section 439 Cr.P.C., the High Court allowed the petitioner's release in a case involving opium cultivation. The Court ruled that Section 18:statutory reference: does not classify cultivation quantity as commercial/non-commercial, thus allowing bail despite the large crop seized.

What did the court decide?

Petitioner released on bail subject to furnishing personal bond, two surety bonds, and submitting affidavit of bank accounts and Aadhar cards within 7 days.

Shrawan Singh Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2024)

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[2024:RJ-JD:33164]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 7030/2024

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Shrawan Singh S/o Sh Roop Singh Rawat, Aged About 40 Years, R/o Village Thikarwas- Kallan , Police Station And Tehsil Bhim, Distt Rajsamand Raj. ( Presently Lodged In Distt Jail, Rajsamand)

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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For Petitioner(s)	: Mr. PradeepKumar Shah
For Respondent(s)	: Mr. AR Choudhary, PP with
	Ms. Kamla Goswami

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HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI Order

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08/08/2024

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The applicant is under arrested in connection with crime registered pursuant to F.I.R. Number 106/2024 of Police Station Deogarh District Rajsamand in respect of offence punishable under section 8/18 of Narcotic Drugs and Psychotropic Substances Ac t, 1 985. He has approached this Court by way of this application for bail under Section 439 Cr.P.C.

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I have considered the rival submissions made by learned counsel for the applicant as well as learned public prosecutor and perused the record.

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Learned Public Prosecutor for the State has strongly objected the different submissions made by learned counsel for the applicant and submitted that 1019.500 Kgs. of standing cultivated crop of contraband opium cultivation recovered in this matter falls

[2024:RJ-JD:33164]

[CRLMB-7030/2024]

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within the ambit of commercial quantity and the bar as contained in Section 37 of the NDPS Act is attracted. It is further argued that there is overwhelming evidence adduced on record suggestive of the fact that bail petitioner indulges in illegal trade of narcotics; that the petitioner does not deserve any sympathy as the petitioner is a drug peddler. He thus, craves rejection of the applicants’ bail application.

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I have given my anxious consideration to the rival submissions with reference to material placed before me.

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On perusal of the record and upon consideration of the submissions, it is clear that allegation against the petitioner is that he cultivated the crop of opium and the recovery of crop has been made. As per Section 18-C of the NDPS Act, quantity of cultivation is not classified in different categories as commercial as non commercial.

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Having considered the material available on record; the arguments advanced by counsel for the applicant particularly the facts narrated above and the fact that applicant is in custody since 22.03.2024; that bail rejection order goes to show that applicant is not involved in any other case under the N.D.P.S. Act; that trial is likely to take its own considerable time and taking note of all these aspects I do not intent to go into the merits of the matter but of the considered view that the rigor of Section 37 of the N.D.P.S. act is duly satisfied, forasmuch this court feels that the applicant has available to him substantial grounds so as to

[2024:RJ-JD:33164]

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question the prosecution case and no useful purpose would be served by keeping the applicant in detention for an indefinite period therefore, I am inclined to grant indulgence of bail to the petitioner at this stage.

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Consequently, the present bail application is allowed and it is directed that the accused-petitioner Shrawan Singh S/o Sh Roop Singh Rawat , arrested in connection with the F.I.R. No. 106/2024 of Police Station Deogarh District Rajsamand shall be released on bail provided he furnishes a personal bond and two surety bonds of sufficient amount to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so. This order is subject to the condition that accused, within 7 days of his release, and sureties on the day of furnishing bail, will also furnish details of their all bank accounts, with bank and branch name, in shape of an affidavit, and submit legible copy of their Aadhar cards as well as copy of front page of Bank pass book, for smooth recovery of penalty amount, if there arise a need for recovery of penalty under Section 446 Cr.P.C in future.

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(RAJENDRA PRAKASH SONI),J

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17-Anshul/-

Shrawan Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Shrawan Singh v. State of Rajasthan

Case brief

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