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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 :
| 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 |
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 vehicle bearing registration No.MH-02-JP-6645. Upon inquiry, the occupants identified themselves as Premsukh and Shivnarayan alias Raju. A search of Premsukh led to the discovery of a transparent bag containing 59.75 grams of MDMA, while Shivnarayan was found in possession of 32.50 grams of MDMA. The vehicle search revealed additional paraphernalia, including an electronic scale and packaging bags. The accused
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.
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.
The right to a speedy trial is a fundamental right under Article 21, which can override statutory restrictions on bail in certain circumstances.
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