Back
GANESH RAM MEENA
Rajkumar S/o Kanhaiya Lal – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. This bail application has been filed by the accused petitioner under section 439 Cr.P.C. in connection with FIR No. 0179/2023 registered at Police Station Sawar District Kekari for the offence punishable under Section 8/15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the Act of 1985’) and after investigation charge-sheet was submitted for the offence punishable under section 8/25 of the Act of 1985.
2. Facts of the case in nutshell are that on 10.09.2023 complainant Mr. Manvendra Singh Chauhan, CI/SHO, Police Station Sawar lodged an FIR, which is quoted as under:
^^vkt fnukad 10-09-2023 dks le; 12%05 ih,e ij eu Fkkukf/kdkjh ekuosUæflag iqfu dks Fkkuk gktk ij lwpuk feyh dh ,d vYVks dkj okys us 'kkgiqjk xsV ds ikl xk; ds VDdj ekj nh vkSj dkj NksM+dj ekSds ls Hkkx x;k vkfn bryk ij eu Fkkukf/kdkjh ekuosUæflag iqfu e; tkIrk gSMdkfu 1469 ca'khyky] dkfu 1024 rstey] dkfu 2455 jes'kpUæ e; ÁkbZosV okgu e; vuqla/kku ckWDl e; ysiVki fÁUVj ds Fkkuk ls jokuk gksdj eqrkfcd bryk ds 'kkgiqjk xsV igqpk] tgka 'kkgiqjk xsV ds vUnj dh rjQ dkQh HkhM+ ,df=r gks j[kh Fkh rFkk fo|qr VªkUlQkeZj ds ikl ,d lQsn jax vYVks dkj uacj vkjts 06 lhlh 5458 [kM+h Fkh] dkj ds vkxs cEi
Possession of narcotics creates a presumption of guilt under the NDPS Act, and the accused must prove lack of conscious possession to be granted bail.
Ownership of a vehicle creates a presumption of knowledge regarding its use for illegal activities under the NDPS Act, impacting bail eligibility.
The court emphasized that in narcotics cases involving commercial quantities, a presumption of conscious possession applies to all occupants of a vehicle, requiring strict adherence to Section 37 of ....
The duty of the Investigating Officer to establish the owner's knowledge or consent for the vehicle to be used in the commission of the offence under Section 25 of the NDPS Act, and the limitations o....
Point of law: Rejection of bail application - it is for the accused to satisfy the court that there are reasonable grounds to believe that accused is not guilty of the offence alleged against him and....
The presumption of conscious possession applies in drug cases, necessitating the petitioner to disprove involvement in the crime to grant bail under the NDPS Act.
Bail can be granted based on the period of custody, arguable points on merits, and satisfaction of the rigors of Section 37(1)(b) of the NDPS Act in similar cases.
Point of law: That there has been a judicious application of mind by the judge who is deciding an application under Section 439 of the CrPC must emerge from the quality of the reasoning which is embo....
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
