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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
RAGHURAJ @ BANTU – Appellant
Versus
STATE OF RAJASTHAN – Respondent
ORDER :
KULDEEP MATHUR, J.
1. This application for bail under Section 483 BNSS (439 Cr.P.C.) has been filed by the petitioner who has been arrested in connection with F.I.R. No.230/2024 registered at Police Station Padu Kalan, Dist. Nagaur, for the offences under Sections 8/29 of NDPS Act.
2. Heard learned counsel for the parties at Bar. Perused the material available on record.
3. Learned counsel for the petitioner submitted that as per the prosecution, SHO, P.S. Padu Kalan upon receiving a reliable information conducted nakabandi on the highway. During nakabandi, the police flagged down one truck bearing registration No.RJ-17-GA-6991. The police after following the procedure provided under NDPS Act, conducted a search of the offending vehicle and recovered contraband (ganja) weighing 1547.55 kgs. The driver of the offending vehicle and the co-passenger namely Pooran Maldangi and Dilip Singh respectively were arrested on the spot.
4. Learned counsel submitted that as per the prosecution, the co-accused persons informed the police officials that the recovered contraband was loaded in the offending vehicle at the instance of present petitioner i.e Raghuraj @ Bantu from Vishakhapatnam (An
The court emphasized that under Section 37 of the NDPS Act, bail cannot be granted unless the twin conditions are satisfied, especially in cases involving large quantities of contraband.
Compliance with Section 52-A of the NDPS Act is essential for evidence validity; prolonged judicial custody without trial examination raises constitutional concerns, allowing bail despite stringent N....
The court emphasized that the seriousness of the offence and the quantity of contraband are critical in bail considerations, and procedural violations do not automatically warrant bail.
The court ruled that the petitioners were not in conscious possession of contraband and satisfied the conditions for bail under the NDPS Act.
The absence of direct evidence against the accused and satisfaction of bail conditions under the NDPS Act justified the grant of bail.
Bail may be granted if the accused shows no knowledge of the contraband and has been in custody for a significant time, despite the seriousness of the charges.
The court granted bail under Section 439 Cr.P.C. based on the release of a co-accused and absence of apprehension of the petitioner fleeing justice.
The main legal point established in the judgment is that bail can be granted under Section 439 Cr.P.C. when the petitioner's direct involvement is not established, and there is a lack of evidence sho....
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