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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MR. JUSTICE FARJAND ALI, J
Premsukh S/o. Shri Ratanlal – Appellant
Versus
State of Rajasthan, Through PP – Respondent
| Table of Content |
|---|
| 1. details of the case and arrests (Para 1 , 2 , 3) |
| 2. arguments for and against bail (Para 4 , 5) |
| 3. consideration of submissions and evidence (Para 6) |
| 4. legal reasoning for granting bail (Para 7 , 8 , 9 , 10) |
| 5. order granting bail (Para 11 , 13 , 14) |
ORDER :
1. The jurisdiction of this court has been invoked by way of filing the instant application under Section 439 CrPC at the instance of accused-petitioner. The requisite details of the matter are tabulated herein below:
| S.No. | Particulars of the Case | |
|---|---|---|
| 1. | FIR Number | 159/2023 |
| 2. | Concerned Police Station | Kotwali, Nagaur |
| 3. | District | Nagaur |
| 4. | Offences alleged in the FIR | Section 8/21 of the NDPS Act |
| 5. | Offences added, if any | - |
| 6. | Date of passing of impugned order | 02.07.2024 |
2. The first application being S.B. Criminal Misc. Bail Application No.13457/2023 came to be dismissed as withdrawn by this Court vide order dated 15.12.2023. Hence, the instant bail application.
3. The case, in brief, revolves around the events of 16.03.2023, when the SHO Kotwali Police Station, Nagaur, along with his team, was on patrolling duty and upon receiving information from an informer, reached the BJP office, Nagaur at 5:55 PM and intercepted a silver Swift Dzire v
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.
Provisional liberty can override statutory restrictions on bail under the NDPS Act when trial delays are evident, emphasizing the fundamental right to personal liberty.
Bail is the rule and jail is the exception; the court can relax stringent conditions under the NDPS Act in certain circumstances.
In drug-related cases, especially involving commercial quantities, bail is denied if there is no reasonable ground to believe the accused is not guilty.
The court found insufficient grounds to grant bail, highlighting the seriousness of the charges under the NDPS Act.
The court determines that the detention of a petitioner for an NDPS offence is unnecessary due to the nature and quantity of the contraband, allowing bail with conditions.
The court determined that continued detention was unnecessary as the applicant presented no substantial evidence of guilt, thus granting bail.
Bail granted under NDPS Act due to absence of prior offenses and substantial investigation progress.
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