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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
DILIP VISHNOI – Appellant
Versus
STATE OF RAJASTHAN – Respondent
| Table of Content |
|---|
| 1. petitioners arrested for possession (Para 1 , 2 , 3) |
| 2. petitioners claim false implication (Para 4) |
| 3. cctv footage supports petitioners (Para 5) |
| 4. family grievances against police (Para 6 , 7) |
| 5. public prosecutor opposes bail (Para 8 , 9) |
| 6. court finds no merit in claims (Para 10) |
| 7. serious charges require careful consideration (Para 11) |
| 8. bail applications dismissed (Para 12 , 13 , 14 , 15) |
Order :
1. These applications for bail under Section 439 Cr.P.C. (483 BNSS) have been filed by the petitioners who have been arrested in connection with F.I.R. No.104/2024, registered at Police Station Gangashahar, District Bikaner, for offences under Sections 8/22, 8/18 and 25 of NDPS Act.
2. Heard learned counsel for the parties at Bar. Perused the material available on record.
3. As per the prosecution, on 16.03.2024, A.S.I. Nagendra Singh alongwith other police officials, during nakabandi near Ghadseesar Fanta Jodhpur Bypass flagged down one Swift car bearing registration No.RJ-14-CT-5145. The co-accused- Omprakash @ Pinki was sitting on the wheel of the offending vehicle whereas the petitioner- Shivraj was sitting beside him. On suspicion that they possessed some prohibited
The court emphasized that serious charges under the NDPS Act require careful consideration, and merits should not be prejudged at the bail stage.
The court denied bail under the NDPS Act, emphasizing the serious nature of the charges and the need for pending witness statements before reconsidering bail.
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 reinforced that under the NDPS Act, the burden lies on the accused to demonstrate a lack of guilt for bail eligibility, particularly in serious drug offenses.
The court held that jurisdictional compliance under the NDPS Act is crucial, but evidence against the petitioner is sufficient to deny bail, with non-compliance issues to be addressed at trial.
Point of Law : violation of Section 52 of the NDPS Act is concerned, suffice it to note that present petitioners were duly informed about grounds of their arrest and therefore, it cannot be said that....
The court granted bail based on prolonged incarceration and non-compliance with mandatory provisions of the NDPS Act, emphasizing the right to personal liberty under Article 21.
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