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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
Rajesh Kumar – Appellant
Versus
Union of India – Respondent
Order :
1. This third application for bail under Section 439 Cr.P.C. (483 BNSS) has been filed by the petitioner who has been arrested in connection with F.I.R. No.VIII (10)/09/NCB/JZU/2018 of NCB Jodhpur, for offences under Sections 8/18 and 29 of NDPS Act.
2. As per the prosecution, on 18.06.2018, contraband (opium) greater than commercial quantity weighing 5 kgs. 750 gms. was recovered from the conscious possession of the co-accused persons namely Avinash Kumar, Yogendra Kumar and the present petitioner i.e. Rajesh Kumar by the team of NCB Jodhpur at Chandra Vilas Lodge, Station Road, Jodhpur.
3. Learned counsel for the petitioner contended that the petitioner has been falsely implicated in the present case. Drawing attention of the Court towards the challan papers and the various other documents attached with the case file, learned counsel submitted that as per the prosecution, the allegation against the petitioner is that he along with co-accused persons was carrying one black bag containing 5 kgs. 750 gms. of opium. Learned counsel submitted that the story of the prosecution is absolutely false and fabricated as it is not possible for the petitioner who is a disabled person to c
The court ruled that the conditions for bail under Section 37 of the NDPS Act were not satisfied, emphasizing that disability alone does not justify bail in serious drug offences.
Bail under Section 37 of the NDPS Act requires clear evidence of innocence and no likelihood of reoffending, especially for serious crimes.
The court granted bail to the petitioner, finding insufficient grounds for continued detention based on the nature of the charges and comparison with a co-accused already granted bail.
The court granted bail due to insufficient evidence against the petitioner and the absence of any risk of fleeing or re-offending.
Bail under NDPS Act requires stringent conditions; the court must find reasonable grounds for believing the accused is not guilty and unlikely to commit further offences.
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....
Search and seizer of Contraband - Unless two conditions mandated under Section 37 of the NDPS Act are satisfied, an accused who is involved in offence relating to commercial quantity of contraband, c....
Search and seizure - Grant of Bail - Section 43D (5) of UAPA merely provides possible ground for competent Court to refuse bail, in addition to the well settled considerations like gravity of offence....
The court ruled that the petitioners were not in conscious possession of contraband and satisfied the conditions for bail under the NDPS Act.
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