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HIGH COURT OF JUDICATURE FOR RAJASTHAN, BENCH AT JAIPUR
GANESH RAM MEENA
Gurudeep Singh @ Gagga, S/o Balvinder Singh – Appellant
Versus
State of Rajasthan, through PP – Respondent
Order :
(GANESH RAM MEENA, J.)
1. The instant fourth bail application has been filed under Section 483 of the BNSS, 2023 on behalf of accused-petitioner in connection with FIR No.38/2024 registered at Police Station Mandana, District Kota (Rural) for the offences under Section 8/15 of the NDPS Act and Sections 420 and 465 IPC.
2. Learned counsel for the petitioner submits that certain material witnesses including officer who has prepared the seizure memo has been examined. On reading of the statements of all the three witnesses, it is very much clear that there is clear violation of Sections 42 and 50 of the NDPS Act. She further submits that the accused-petitioner is in custody since 12.03.2024 and out of total 12 prosecution witnesses only 3 witnesses have been examined so far. Hence, the accused-petitioner deserves to be enlarged on bail.
3. Learned Public Prosecutor has opposed the bail application and submits that the statements of PW-3, namely, Ajay Kumar speaks about compliance of the Sections 42 and 50 of the NDPS Act.
4. Considered the submissions made by learned counsel for the petitioner and also perused the material available on record including the statements of the witness
The court denied bail due to the serious nature of drug-related offences and the accused's ongoing criminality, emphasizing the need for expedited trial proceedings.
The court reinforced that possession of narcotics in commercial quantities creates a presumption of guilt, placing the onus on the accused to prove otherwise.
The NDPS Act mandates strict conditions for bail in cases involving commercial quantities of narcotics, requiring clear evidence of innocence.
The court reaffirmed that possession of commercial quantities of narcotics creates a presumption of guilt, placing the onus on the accused to prove otherwise.
In narcotics cases involving commercial quantities, the accused bears the burden of proving innocence to be eligible for bail under the Narcotic Drugs and Psychotropic Substances Act.
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