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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
KULDEEP MATHUR
Sukhanath S/o Dhannanath – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. arrest and initial procedural facts. (Para 1 , 2 , 3) |
| 2. arguments regarding statutory periods. (Para 4 , 5 , 6 , 7) |
| 3. prosecution's position and counterarguments. (Para 9 , 10) |
| 4. court's preliminary observations and reasoning. (Para 11 , 12 , 13) |
| 5. legal precedents on default bail and extensions. (Para 14 , 15 , 16 , 17) |
| 6. final decision on bail application. (Para 18 , 19) |
ORDER :
S.B. Criminal Miscellaneous Bail Application No. 10016/2025
1. This application for bail under Section 483 BNSS filed by the petitioner who has been arrested in connection with FIR No.0020/2025 registered at Police Station Kotdi, District Bhilwara for the offences under Sections 8/18 and 8/25 of the NDPS Act.
2. The brief facts of the present case are that on 05.02.2025, the SHO of Police Station Kotdi, Bhilwara, acting upon secret information regarding illegal transportation of contraband (opium), conducted a nakabandi near Government School, Gogas. During the nakabandi, a Maruti Swift car bearing registration No. RJ51-CA-4247 was intercepted. Upon following the mandatory provisions under the NDPS Act, a search of the said vehicle was conducted, and contraband (opium) weighing 6.36 kilogra
The right to default bail under Section 167(2) Cr.P.C. does not arise if a court has lawfully extended the investigation period under Section 36A(4) of the NDPS Act before the statutory deadline.
The court established that extensions under Section 36A(4) of the NDPS Act require a Public Prosecutor's report and specific reasons for detention beyond 180 days.
The main legal point established in the judgment is that the period of detention in cases involving commercial quantity under the NDPS Act can be extended to one year on specific grounds, as provided....
The right to default bail arises after 180 days of custody without filing a chargesheet, unless timely application for extension of investigation is made and granted.
The right to default bail under Section 167(2) Cr.P.C. is absolute and must be granted if the prosecution fails to file a challan within the stipulated time, as per Section 36A(4) of the NDPS Act.
Accused facing charges punishable up to 10 years are entitled to default bail if the charge-sheet is not filed within 60 days, underscoring the necessity of timely investigations.
The main legal point established in the judgment is the necessity of fulfilling specific conditions, including the report of the Public Prosecutor, progress of the investigation, and issuing a prior ....
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