Back
RAJENDRA PRAKASH SONI
Kamal Singh S/o Madan Singh Sodhiya Rajput – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. The petitioner, who is under arrest for committing the offence under Sections 8/18 & 8/21 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the Act’) in relation to the FIR No. 528/2011 registered at Police Station Nimbahera, District Chittorgarh has come before this Court under Section 439 of the Cr.P.C. seeking release on bail.
2. The first bail application submitted on behalf of the petitioner was dismissed by this Court on 21.06.2023 while trial against the petitioner was pending at the stage of framing of charges. The petitioner has not produced any document revealing that the charges against him have been framed or the trial has been commenced in relation to him. Therefore, without there being any change of progress of trial, this second bail application has been moved.
3. It is alleged against the petitioner that on 02.09.2011, petitioner along with Nirbhaya Singh and Ravi Kumar was apprehended by the police during a barricading at about 11.00 p.m. near Jaliya Check-post in the jurisdiction of Police Station Kotwali-Nimbahera, District Chittorgarh. On search of a car being driven by the petitioner, total 68.500 Kgs. of opium and 200 gms. of smack wa
The court established that the presence of prior drug-related offenses and the potential for reoffending are significant factors in determining bail eligibility under the NDPS Act, even when the quan....
The court reaffirmed that possession of commercial quantities of narcotics creates a presumption of guilt, placing the onus on the accused to prove otherwise.
The judgment established that the prolonged incarceration and the absence of criminal antecedents can be considered in granting bail under Section 37 of the NDPS Act, even in cases involving commerci....
The central legal point established in the judgment is the significance of examining each case on its own merits, especially in bail cases, and considering the nature of the offence, the quantity of ....
The court emphasized the seriousness of the case, the recovery of a huge quantity of contraband, and the petitioner's conduct in previous cases as key factors in denying bail under Section 439 Cr.P.C....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
