Regular bail application under Section 483 BNSS for an accused in an NDPS case involving recovery of 1.100 kg charas, a commercial quantity. Citing Section 37 NDPS Act, prior bail rejections, arrest evasion and other pending cases, the court refused bail and dismissed the application.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 9016/2024
Waseem Hashmi S/o Sh. Taki Hashmi, Aged About 45 Years, R/o Hashmi Manjil, Hashmi Chowk, Langarkhana Gali, P.S. Dargah, Ajmer. (At Present Lodged In Central Jail, Ajmer).
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Vivek Goyal For Respondent(s) : Mr. Rajendra Singh Shekhawat, PP
HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI
Order
04/09/2024
The present bail application has been filed under Section 483 B.N.S.S., 2023, on behalf of the accused-petitioner - Waseem Hashmi S/o Sh. Taki Hashmi, in connection with FIR No.48/2018, registered at Police Station Dargah, District Ajmer, for the offence(s) under Section(s) 8/20 of the N.D.P.S. Act.
Learned counsel for the accused-petitioner submits that the petitioner has been falsely implicated in this case, he has nothing to do with the alleged offences and he is behind the bars since a long time. Counsel submits that in this case, the recovery of contraband i.e. ' Charas' (1.100 kilograms) was affected on 17.03.2018 and at that time the petitioner was not present at the place of incident. The petitioner was arrested in the matter after six years from the date of alleged incident and provisions of Section(s) 42 & 52A of the N.D.P.S. Act, have also not been
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complied with. During investigation, the statements of both; the house owner and the person, who was residing as a tenant, have been recorded and the present petitioner has nothing to do with the alleged house/place. Therefore, looking to the overall facts & circumstances of the case, the present petitioner may be enlarged on regular bail in this matter.
Learned Public Prosecutor has vehemently opposed the bail application and submitted that on the information provided by the Informer, on 17.03.2018, 1.100 kilograms of ' Charas' was recovered from the rented premises/room of the accusedpetitioner and on arrival of the Police, the petitioner fled away from the spot. It is further submitted that during investigation, the statement of one- Naseem Salmani, who resided as a tenant in that room in year 2017, was recorded wherein he has specifically stated that at the time of recovery, alleged room was taken on rent by the petitoner.
Learned Public Prosecutor further submits that an anticipatory bail application filed by the petitioner was already dismissed as withdrawn by a Co-ordinate Bench of this Court vide order dated 20.08.2018. The petitioner filed an another anticipatory bail application, which was also dismissed by this Court vide order dated 25.04.2023. Charge-sheet has also been filed against the petitioner under Section 299 Cr.P.C. and warrant was also issued against him. It is also submitted that there are other criminal cases pending against the petitioner, out of which some cases have already been disposed of. Despite the entire incident, the petitioner was avoiding arrest and even after this, a
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case was also registered against him under the N.D.P.S. Act. The recovered contraband i.e. ' Charas' , is above the commercial quantity. An another F.I.R. No.107/2016 has also been registered against the petitioner under Sections 332, 353 & 354 I.P.C. at Police Station Dargah, Distt. Ajmer, which is pending investigation till now. Learned Public Prosecutor submits that whatever evidence(s) collected regarding recovery of the contraband i.e. 'Charas' , clearly found proved against the petitioner and the embargo contained under Section 37 of the N.D.P.S. Act would also be attracted. Thus, the present bail application deserves to be dismissed.
Having considered the overall allegations levelled in the F.I.R., the impugned order and the contentions made by learned counsel for the accused-petitioner, at this stage, scrutiny and analysis of the evidence(s) does not appear to be justified.
Thus, looking to the overall facts & circumstances of the case, the submissions made at bar, commercial quantity of the recovered contraband i.e. ' Charas' , pendency of other criminal cases against the petitioner, avoiding the arrest despite knowledge and keeping in view the provisions of Section 37 of the N.D.P.S. Act, this Court does not deem it appropriate to grant the benefit of regular bail to the petitioner.
Accordingly, the instant bail application filed by the petitioner under Section 483 B.N.S.S. is dismissed.
(VINOD KUMAR BHARWANI),J
SAHIL SONI /37
1 issue framed by the court
Whether the petitioner should be granted regular bail under Section 483 BNSS for offences under Sections 8/20 NDPS Act despite recovery of commercial quantity of charas and Section 37 restrictions.
4 provisions across 2 enactments
Waseem Hashmi
State of Rajasthan
Vinod Kumar Bharwani
As recorded by the court registry
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