Allowed

Naveen Kumar v. State of Rajasthan

Rajasthan HC25 Jan 2024CRLMB/803/2024

Case brief

AI extract

What is this about?

Bail application under Section 439 CrPC in an NDPS case involving 50 grams of contraband recovered from the vehicle's driver. The court granted bail, holding the contraband was below commercial quantity and not recovered from the applicant's conscious possession.

What did the court decide?

Applicant released on bail on personal bond of Rs.1,00,000 and two sureties of Rs.50,000 each, subject to appearing before trial court.

Naveen Kumar Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2024)

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[2024:RJ-JD:4082]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 803/2024

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Naveen Kumar S/o Shyam Lal, Aged About 21 Years, B/c Nayak, R/o 25 H Dalpatsinghpur, Police Station Keshrisinghpur, District Sriganganagar (Raj).

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(At Present Lodged In Sub Jail Srikaranpur)

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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.	KuldeepSharma
For Respondent(s)	: Mr.	Laxman Solanki,PP

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JUSTICE DINESH MEHTA

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Order

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25/01/2024

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This application for bail has been filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘Cr.P.C.’) in connection with FIR No.07/2024, registered at Police Station Keshrisinghpur, District Sriganganagar for the offences under Sections 8/21 and 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ‘NDPS Act’).

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Learned counsel for the applicant submitted that 50 grams of contraband substance (below commercial quantity) was recovered from one Chamkor Singh, who was driving the vehicle and the applicant was simply sitting on the front seat aside of him.

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Learned counsel submitted that the applicant has no role in possessing and transporting the recovered contraband substance.

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Learned Public Prosecutor opposed the bail application.

(2 of 2)

[2024:RJ-JD:4082]

[CRLMB-803/2024]

Heard learned counsel for the parties and perused the material available on record.

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Having regard to the facts and circumstances of the case and considering that the contraband substance which is below commercial quantity was not recovered from conscious possession of the applicant, this Court is inclined to grant bail to the applicant.

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Consequently, the bail application filed under Section 439 of the Cr.P.C. is allowed. The applicant - Naveen Kumar S/o Shyam Lal arrested in connection with FIR No.07/2024, registered at Police Station Keshrisinghpur, District Sriganganagar shall be released on bail on his furnishing personal bond in the sum of Rs.1,00,000/- and two sureties of Rs.50,000/- each to the satisfaction of the trial Court.

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Applicant shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.

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(DINESH MEHTA),J

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524-akansha/-

Naveen Kumar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Naveen Kumar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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