Dismissed

Gurudeep Singh @ Gagga S/O Balvinder Singh v. State of Rajasthan

Rajasthan HC16 Apr 2025CRLMB/5016/2025

Case brief

AI extract

What is this about?

The High Court dismissed a bail application under Section 483 BNSS for offences under Sections 8/15 NDPS Act and Sections 420/465 IPC. The Court held that claims regarding non-compliance of NDPS procedural provisions require evaluation after recording prosecution evidence. Relying on Shakti Gurjar, the Court refused bail due to the nature of the offence and pending cases, but directed the trial co

What did the court decide?

Bail application dismissed. Trial Court directed to expedite the trial and conclude it as early as possible.

Gurudeep Singh @ Gagga S/O Balvinder Singh Vs State of… — Narcotics (NDPS) | Rajasthan HC (2025)

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[2025:RJ-JP:16306]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous 4th Bail Application No. 5016/2025

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Gurudeep Singh @ Gagga S/o Balvinder Singh, Aged About 33 Years, R/o Shant Nagar Mehla Road Sangrur Police Station City-1 District Sangrur (Punjab) (Accused Presently Confined In District Jail Bundi).

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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) : Ms. Soniya Gill For Respondent(s) : Mr. Amit Gupta, Public Prosecutor

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HON'BLE MR. JUSTICE GANESH RAM MEENA

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Order

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16/04/2025

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The instant fourth bail application has been filed under Section 483 of the BNSS, 2023 on behalf of accused-petitioner in connection with FIR No.38/2024 registered at Police Station Mandana, District Kota (Rural) for the offences under Section 8/15 of the NDPS Act and Sections 420 and 465 IPC.

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Learned counsel for the petitioner submits that certain material witnesses including officer who has prepared the seizure memo has been examined. On reading of the statements of all the three witnesses, it is very much clear that there is clear violation of Sections 42 and 50 of the NDPS Act. She further submits that the accused-petitioner is in custody since 12.03.2024 and out of total 12 prosecution witnesses only 3 witnesses have been

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examined so far. Hence, the accused-petitioner deserves to be enlarged on bail.

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Learned Public Prosecutor has opposed the bail application and submits that the statements of PW-3, namely, Ajay Kumar speaks about compliance of the Sections 42 and 50 of the NDPS Act.

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Considered the submissions made by learned counsel for the petitioner and also perused the material available on record including the statements of the witnesses.

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As regards the submissions of counsel for the accusedpetitioner about non-compliance of the provisions of Sections 42, 43, 50 and 52A of the NDPS Act is concerned, the same can be considered and the conclusion can be arrived only after recording of the material prosecution witnesses. In the present case, out of total 12 prosecution witnesses only 3 witnesses have been examined so far.

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This Court in the case of Shakti Gurjar Vs. State of Rajasthan & Anr. (S.B. Criminal Misc. Bail Application No.13814/2023) decided on 30.07.2024 has observed as under:-

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"28. In the present case there is recovery of contraband weighing more than the commercial quantity as notified and also there are five other criminal cases pending against the petitioner. There are no reasons for satisfaction of this Court so as to believe that the accused petitioner is not guilty of offences under the provisions of the Act of 1985 and that he is not likely to commit any offence while on bail as he is already facing five other criminal cases.

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29. Drug abuse has taken its toll in almost all the districts of Rajasthan. The addicts primarily belong to youth age. The high rate of drug consumption is leading to issues like illegal trade, drug trafficking, and smuggling. The problem of drug addiction has a significant bearing on drug trafficking which has become a significant challenge for governments and social reformers. The NCB reports that the main internal factor for drug trafficking in India is the illicit cultivation of opium, poppy and cannabis. Also, the diversion from licit opium sources to illegal opium production is a major concern. In the trends of 2020, Rajasthan is among the 3major states, along with Uttar Pradesh and Madhya Pradesh, from where the opium is trafficked to other parts of the country.

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Young Indians addicted to drugs are spoiling their lives. Drug addiction is the worst kind of addiction and it causes numerous mental and physical ailments and such youth go often into depression. In order to cope up with stress and depression, they try to consume more drugs and keep spiraling around and are never able to leave this addiction. They lose their sense of control and become vulnerable and many of them commit suicide or get involved in different kinds of criminal activities.

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Drug abuse has a direct impact on social and economic aspect of the nation. The impact of drug is realized in workplace, family and the society. It results in violence at home and gang wars in cities, increase crimes and even stresses the public health system and we find young mass addicted to drugs which leads to unsafe life. Addiction not only breaks the family harmony but also puts high economic burden on the society. The economic impact due to Drug abuse is immeasurable.

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According to UNDCP report, the economic effects of drug abuse can be measured in two forms, i.e. cost of government drug enforcement policies and the lost human productivity such as lost wages and decreased production that results from illness and premature deaths related to drug abuse. There are many hidden costs relating to disturbance in social life, wastage of young energy.

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One can notice apparent rapid changes in societal alignment owing to the reduced family and community cohesiveness, increased unemployment and underemployment, economic and social marginalization and increased crime as a direct result of the problem of drug abuse. Youth forms the basic unit of the society. The harmony of the society depends on its younger members. When the members of society become drug abusers then it disturbs the entire societal harmony. Every society suffers due to even a single drug abuser. It affects the life style and also financial condition of the society concerned.

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It is a common practice in the rural areas for the farmers to leave their tools and machineries lying in the fields unsupervised. The drug addicts often end up resorting to the commission of offences like stealing of tools, equipments and machineries of the farmers of their safe and regular farming style. Thus, it develops a strong correlation between addiction and an increased risk of commission of offences.

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When drug problems in a community are perceived as serious, people must face unpleasant alternatives. They can accept the reality of drugs in their neighbourhood, adapting to a situation that they cannot hope to change immediately; they can change their lifestyle to reduce the threat of drug dealing and violence in their localities; they can change the environment by some form of community action either with or without the support of the police. Many of these alternatives are not available to persons living in poverty or with limited means. Thus, with fewer choices, the poor pay a greater personal price for drug problems than others.

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One aspect of this connection between drugs and crime is temporal causation; that is involvement in property crime generally precedes the addiction career. After addiction occurs, property crime increases and narcotic use is further increased. Drugs and crime cannot be considered separately, in isolation from each other, especially if they emerge from a common set of circumstances. It is a well accepted fact that drug use is a strong correlate of being booked for a criminal offence, but age is the more important correlate of criminal involvement and

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poverty an even more important predictor of property crime.

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30. It can thus very precisely be concluded that what is alluring for one can be daunting for the others. The addicts are, therefore, an added burden to the lawabiding population.

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31. Having considered the material available on the record in the form of charge-sheet and the pendency of five other criminal cases against the petitioner, in the opinion of this Court it cannot be said at this stage that the accused petitioner is not guilty of the offences involving commercial quantity of the contraband and that he is not likely to commit any offence while on bail.

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32. Having due regards to the contentions of the counsel appearing for the accused petitioner as well as learned Public Prosecutor and the case law referred, this Court is not inclined to enlarge the accused petitioner on bail and accordingly the bail application is dismissed.

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33. In view of the submissions made by the counsel appearing for the accused petitioner regarding noncompliance of provisions of sections 42, 43, 50 and 52A of the Act of 1985, this Court deems just and proper to direct the trial court to expedite the trial and conclude the same as early as possible."

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In the totality of the facts and circumstances of the case and the observations of this Court made in the case of Shakti Gurjar

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(supra), this Court is not inclined to enlarged the accusedpetitioner on bail.

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Accordingly, this fourth bail application is dismissed.

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However, taking into consideration the custody of the petitioner, the learned trial Court is expected to expedite the trial and conclude the same as early as possible.

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(GANESH RAM MEENA),J

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Ashish Kumar /27

Gurudeep Singh @ Gagga S/O Balvinder Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Gurudeep Singh @ Gagga S/O Balvinder Singh v. State of Rajasthan

Case brief

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