In this bail application regarding an NDPS offence, the petitioner was an accomplice based on the principal accused's uncorroborated in-custody disclosure. The court held that the NDPS Act's embargo on bail does not apply and allowed bail.
Petitioner enlarged on bail with personal bond of Rs. 50,000/- and two sureties of Rs. 25,000/- each.
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.
[2024:RJ-JD:16878]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 889/2024
Shambhulal S/o Kanwarlal, Aged About 53 Years, R/o Harsol, Teh Malhargarh, Dis Mandsaur (MP) (Lodged In Central Jail Udaipur)
----Petitioner
| Versus |
|---|
State Of Rajasthan, Through PP
----Respondent
| For Petitioner(s) | : Mr. Arun Dadhich |
|---|---|
| For Respondent(s) | : Mr. Mukhtiyar Khan,PP |
HON'BLE MR. JUSTICE FARJAND ALI
Order
19/04/2024
| S.No. | Particulars | of the Case |
|---|---|---|
| 1. | FIR Number | 83/2021 |
| 2. | Concerned Police Station | Gogunda |
| 3. | District | Udaipur |
| 4. | Offences alleged in the FIR | Under Sections 8/15, 25 and 8/29 of the NDPS Act |
| 5. | Offences added,if any | -- |
| 6. | Date of passing of impugned order |
06.01.2024 |
(2 of 3)
[2024:RJ-JD:16878]
[CRLMB-889/2024]
accused-petitioner and he has been made an accused based on conjectures and surmises.
(3 of 3)
[2024:RJ-JD:16878]
[CRLMB-889/2024]
of the prosecution yet taking into account the fact that there is no evidence except the confessional statement made by principal accused Raju Ram Bishnoi. The embargo contained under Section 37 of the NDPS Act would not come into play while granting bail to the petitioner. The petitioner is behind the bars and I see no reason to allow his further incarceration. There is high probability that the trial may take long time to conclude. In light of these facts and circumstances, it is deemed suitable to grant the benefit of bail to the petitioner in the present matter.
(FARJAND ALI),J
543-Ashutosh/-
1 issue framed by the court
Whether bail should be granted to the petitioner in a drug-related offence where the only evidence against him is an uncorroborated disclosure by the principal accused made in police custody.
2 provisions across 2 enactments
Shambhulal S/o Kanwarlal
State Of Rajasthan
Farjand Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
