Allowed

Devendra Singh S/O Suraj Singh v. Central Bureau of Narcotics

Rajasthan HC5 Feb 2025CRLMB/16406/2024

Case brief

AI extract

What is this about?

In this bail application, the High Court of Rajasthan allowed bail to an accused charged under the NDPS Act. The court noted that the recovered heroin was below commercial quantity and there were no prior similar offences.

What did the court decide?

Accused released on bail on personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each; directed to mark presence at local police station every month.

Devendra Singh S/O Suraj Singh Vs Central Bureau of… — Narcotics (NDPS) | Rajasthan HC (2025)

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[2025:RJ-JP:5144]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 16406/2024

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Devendra Singh S/o Suraj Singh, R/o 104, Baramori, Fhtehram Ka Tibba, Narshingh Dev Ki Bagichi Brahampuri, Jaipur (Raj.) (At Present Confined In District Jail Kota)

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----Accused-Petitioner

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Versus

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Central Bureau Of Narcotics, Through Special PP

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----Respondent

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For Petitioner(s) : Mr. Mahendra Kumar Saini, Adv. For Respondent(s) : Mr. Tej Prakash Sharma, Spl.P.P.

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HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

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Order

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05/02/2025

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The instant bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.16/2024 registered at Police Station CBN, Kota, District Kota for the offences punishable under Sections 8/21(B) of NDPS Act.

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It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Learned counsel submits that alleged recovered contraband heroin (90 gms) is below commercial quantity. He further submits that there are no criminal antecedents against the petitioner of similar nature and trial of the case will take considerable time. He argues that the petitioner is in custody since 09.10.2025 and further custody of the petitioner would not serve any fruitful purpose.

(2 of 3)

[2025:RJ-JP:5144]

[CRLMB-16406/2024]

Learned Special Public Prosecutor opposes the submissions made by the learned counsel for the petitioner. He submits that the petitioner is a habitual offender as 29 other criminal cases have been registered against him.

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At this stage, learned counsel for the petitioner submits that none of the cases registered were under the NDPS Act. 5. I have considered the contentions. 6. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioner, especially the fact that alleged recovered contraband heroin is below commercial quantity; absence of criminal antecedents of similar nature and trial will take time in its conclusion as well as looking to the period of custody, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application.

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This bail application is accordingly allowed and it is directed that accused-petitioner - Devendra Singh S/o Suraj Singh shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each to the satisfaction of the learned trial Court with the stipulation that he shall appear before that Court and any Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.

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It is made clear that the accused-petitioner shall not involve in any other offence(s) during currency of the bail and he shall mark his presence in first week of every month in the local police

(3 of 3)

[2025:RJ-JP:5144]

[CRLMB-16406/2024]

station i.e. Brahampuri, District Jaipur where the petitioner is presently residing, till trial is concluded.

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Concerned SHO is directed to maintain a register recording the attendance of the petitioner, as directed above. In case the petitioner fails to mark his presence in the concerned police station, as directed above, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard.

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If any breach of these conditions is reported or come to the notice of the Court, the same shall alone be a reason for the trial Court to cancel the bail granted to him by this Court.

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(ANIL KUMAR UPMAN),J

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MADAN/S-321

Devendra Singh S/O Suraj Singh v. Central Bureau of Narcotics

Case brief

What is this about?

What did the court decide?

Devendra Singh S/O Suraj Singh v. Central Bureau of Narcotics

Case brief

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What did the court decide?

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