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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
MR. JUSTICE PRAVEER BHATNAGAR, J
FAISAL QURESHI S/O SHREE SHAKEEL QURESHI – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
1. The instant bail application has been filed under Section 483 B.N.S.S. on behalf of the accused-petitioner. The accused- petitioner has been arrested in connection with FIR No.306/2024 registered at Police Station Transport Nagar (Jaipur City East), District Jaipur City (East) for the offence(s) under Section 8/21 of NDPS Act.
2. Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated for the offences under Sections 8/21 and 8/29 of NDPS Act. He further submits that the contraband article containing 20 gram 78 miligram smack was effected from the other co-accused Sajid Qureshi @ Chimti and Sajid Qureshi @ Chimti has disclosed the name of Mohd. Hassan and Mohd. Hassan has disclosed the name of the present accused-petitioner. Apart from the disclosure statement of Mohd.Hassan, there is no substantive evidence available on record indicating the involvement of the accused-petitioner in supplying the contraband article to the main accused Sajid Qureshi @ Chimti. The accused-petitioner is in custody since 22.10.2024 and trial of the case will take considerable time, therefore, the bail application of the accused-petitioner may b
The court granted bail due to insufficient evidence linking the accused-petitioner to drug trafficking, despite prior criminal history.
Bail was granted due to lack of substantive evidence against the accused-petitioner, emphasizing that disclosure statements from co-accused are inadmissible.
Bail may be granted when the quantity of contraband is below commercial threshold and the accused has been in custody for an extended period.
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 twin conditions under Section 37 of the NDPS Act must be satisfied for bail; habitual offenders pose a risk of committing further offences if released.
Bail granted due to lack of direct evidence against the petitioner and fulfillment of conditions under the NDPS Act.
Extended judicial custody without trial and lack of evidence of possession justify bail under Section 439 Cr.P.C.
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