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RAJENDRA PRAKASH SONI
Shishpal @ Sanjay Kumar – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Rajendra Prakash Soni, J. - The petitioner has approached this Court under Section 439 of the Cr.P.C. seeking bail. He has been arrested for violating the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) as per FIR No.85/2023 registered at Police Station Pilibanga, District Hanumangarh in respect of offence(s) punishable under Section(s) 8/15 of Narcotic Drugs and Psychotropic Substances Act, 1985.
2. The first application for bail was disposed of without considering the merits of the case since it was not pressed by the petitioner.
3. On the basis of a seizure effected by Sushil Kumar, SHO Station Pilibanga, District Hanumangarh, a formal FIR mentioned above was registered against the accused alleging inter alia that on February 16, 2023, at about 2:40 pm, on the road from Suratgarh to Hanumangarh, near Radha Swami Dera, SHO Sushil Kumar of Pilibanga police station stopped a bus number RJ-31-PA- 4432 during a blockade. It was suspected that some contraband was kept in the bus. Sanjeev @ Sanjay Kumar was driving the bus. Upon being searched, 342 kg of poppy straw was recovered from the luggage box of the bus. Sanjeev @ Sanjay Kumar stated that
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 court established that ownership of a vehicle alone does not establish culpability in drug-related offenses without direct evidence of involvement.
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 stringent conditions under Section 37 of the NDPS Act must be satisfied for granting bail, particularly in cases involving serious narcotic offences.
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