Allowed

Ganga Singh v. State of Rajasthan

Rajasthan HC9 Jul 2024CRLMB/8347/2024

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed a bail petition filed by Ganga Singh, accused of offences under the NDPS Act for possession of poppy-straw below commercial quantity. The court held that recording findings under Section 37 was not essential and granted bail subject to furnishing bonds and bank details.

What did the court decide?

Bail granted to the petitioner upon furnishing a personal bond and two surety bonds, with a condition to submit bank account details and Aadhar cards within 7 days.

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

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc. Bail Application No. 8347/2024

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Ganga Singh S/o Jagdish, aged about 28 years, resident of 10 K.L.D. Kundal, Tehsil Khajuwala, Police Station Khajuwala, District Bikaner.

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(At present lodged in Central Jail Bikaner)

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----Petitioner

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Versus

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State Of Rajasthan through PP

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	----Respondent
For Petitioner(s)	: Mr. Kaushal Gautam.
For Respondent(s)	: Mr. Anda Ram Choudhary, PP with Ms. Kamla Goswami.

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HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI

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Order

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09/07/2024

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The prayer made in this bail petition filed under Section 439 of the Code of Criminal Procedure (for short "the Code") is for grant of bail in connection with crime registered pursuant to First Information Report No. 100/2024 of Police Station Pugal, District Bikaner, in respect of offences punishable under Sections 8/15, 25, 29 of the NDPS Act.

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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 35 Kgs. of contraband Poppy-Straw

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[CRLMB-8347/2024]

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(2 of 3)

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has been recovered from the co-accused. He thus, craves rejection of the applicant’s 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 would be prima facie clear that according to the case spelled out in the FIR, the petitioner was apprehended while having in possession above-mentioned contraband. The recovered contraband weighs below the commercial quantity therefore, recording of finding envisaged under Section 37 of the Act is not a sine qua non for granting bail. The petitioner is not involved in any other case under the NDPS Act and trial of the case will take sufficient time to conclude.

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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 17.06.2024; that trial is likely to take its own considerable time and taking note of all these aspects, I do not intend 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 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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(3 of 3)

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[CRLMB-8347/2024]

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Consequently, the present bail application is allowed and it is directed that the accused-petitioner Ganga Singh S/o Jagdish , arrested in connection with the F.I.R. No. 100/2024, registered at Police Station Pugal, District Bikaner, 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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45-Mohan/-

Ganga Singh v. State of Rajasthan

Case brief

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Ganga Singh v. State of Rajasthan

Case brief

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