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MANOJ KUMAR GARG
Rajesh Jain @ Munna Jain, S/o. Subhash Jain – Appellant
Versus
State of Rajasthan, Through PP – Respondent
ORDER :
Manoj Kumar Garg, J.
1. The petitioner has been arrested in connection with FIR No. 120/2022 of Police Station Sangaria, District Hanumangarh for the offence punishable under Sections 8/21, 29 of NDPS Act. He has preferred this bail application under Section 439 Cr.P.C.
2. Counsel for the petitioner submits that no recovery has been made from the conscious possession of the petitioner and he has been implicated only with the aid of Section 29 of NDPS Act. It is argued that the recovered contraband is less than commercial quantity and the main accused in this case i.e. Vikas @ Laddu and Sagar @ Sonu has already been released on bail by this Court. The case of the petitioner is not distinguishable and therefore, the petitioner may also be enlarged on bail.
3. Per contra, learned Public Prosecutor vehemently opposed the bail application and argued that as many as sixteen criminal cases are registered against the petitioner out of which fifteen cases are offences under NDPS Act and as per call details on record, the main accused was in touch with the present petitioner, therefore, bail should not be granted to the petitioner.
4. I have considered the arguments advanced before me and
Bail under the NDPS Act necessitates proof of innocence and no risk of reoffending, reflecting the serious societal impact of drug-related crimes.
Point of Law - Dismiss the bail application - Recoveries together fall within category of commercial quantity - Section 37 of Act no accused can be released on bail when application is opposed by Pub....
The main legal point established in the judgment is that bail should be granted only when the case is frivolous or groundless and no prima facie or reasonable grounds exist which lead to belief or po....
Section 37 of NDPS Act specifically stipulates certain conditions to be satisfied for purpose of granting bail.
The stringent conditions for granting bail to drug traffickers under Section 37 of the NDPS Act and the need to prevent their nefarious activities.
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 court emphasized the fundamental right to a speedy trial over statutory restrictions on bail, allowing bail due to prolonged incarceration without trial.
The violation of procedural safeguards under Section 50 of the NDPS Act can lead to the granting of bail, even in cases involving commercial quantities of contraband.
The court emphasized that personal liberty must be prioritized over statutory restrictions in granting bail, especially when there are violations of mandatory provisions.
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