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VINIT KUMAR MATHUR
Rajesh Kumar, S/o. Vishwanath Prasad – Appellant
Versus
Union of India, through NCB – Respondent
ORDER :
1. The present bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.VIII[10]/03/NCB/JZU/2020 of NCB, Jodhpur for the offence under Sections 8/18 & 8/29 of NDPS Act.
2. Heard learned counsel for the petitioner as well as learned Special Public Prosecutor. Perused the material available on record.
3. Learned counsel for the petitioner submits that there is no recovery of contraband from the possession of the present petitioner. He further submits that the co-accused persons from whom the recovery of contraband has been made have already been enlarged on bail by this Court. He prays that since the petitioner is 75% handicapped, therefore, he may be enlarged on bail.
4. Per contra, learned Special Public Prosecutor submits that the petitioner is involved in similar nature of cases being Case No.119/2022 registered at Police Station Dangiyawas, Case No.1/2021 registered at ASZ, NCB, Ajmer & Case No.9/2018 registered at NCB, Jodhpur and therefore, he is a habitual offender and involved himself in drug trafficking in the State of Rajasthan. He further submits that the antecedent report of the petitioner
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....
The court ruled that the conditions for bail under Section 37 of the NDPS Act were not satisfied, emphasizing that disability alone does not justify bail in serious drug offences.
The court granted bail to the petitioner, finding insufficient grounds for continued detention based on the nature of the charges and comparison with a co-accused already granted bail.
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 main legal point established in the judgment is that the grant of bail is a rule, and its refusal is an exception. The court emphasized the need to balance individual liberty with the interest of....
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