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RAJENDRA PRAKASH SONI
Jai Singh S/o Shri Prahalad Singh – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. The applicant is under arrest in connection with crime registered pursuant to F.I.R. Number 97/2017 of Police Station Ratannagar, District Churu, in respect of offences punishable under Section 8/15, 25, 29 of Narcotic Drugs and Psychotropic Substances Act, 1985. He has approached this Court by way of this application for bail under Section 439 Cr.P.C.
2. Before I proceed to examine the rival contentions in connection with the questions of bail it would be appropriate to briefly state the facts of the present case which are that on 16.12.2017, Sukhdeo and Jai Singh (petitioner) were found transporting 91.800 kgs. of contraband Poppy-Straw in a vehicle. As it was night time, they took advantage of the darkness and fled away from catch of Police party. They both were caught after a lot of efforts.
3. To begin at the beginning, Shri Jai Kishan Haniya, learned counsel representing applicant has fervently argued that statement of seizure officer and investigating officer has already been recorded during the trial against co-accused. He has drawn the attention of the Court to the judgment of acquittal dated 28.03.2022 passed against co-accused Sukh Deo and contended that case of
The court established that the presence of a commercial quantity of narcotics invokes the stringent bail provisions of Section 37 of the NDPS Act, limiting the possibility of bail in such cases.
The main legal point established in the judgment is that the determination of the quantity of contraband and the application of bail provisions under the NDPS Act should be based on a realistic and p....
The court granted bail based on the absence of direct evidence against the petitioner and the lengthy trial process, emphasizing that Section 37 restrictions do not apply in this case.
The main legal point established in the judgment is the stringent parameters for granting bail under the NDPS Act, emphasizing the need for reasonable grounds to believe the accused is not guilty and....
The recovery of contraband below commercial quantity and the expected lengthy duration of further investigation and trial are significant factors in considering bail applications under the NDPS Act.
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