Back
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ASHOK KUMAR JAIN
Kishan Sansi Son Of Shri Pappu Sansi – Appellant
Versus
State Of Rajasthan, Through P.p. – Respondent
ORDER :
ASHOK KUMAR JAIN, J.
1. The second bail application under Section 483 of BNSS is filed by the applicant-accused Kishan Sansi Son Of Shri Pappu Sansi seeking bail in respect of a criminal case registered as FIR No.257/2024 dated 02.03.2024 registered at P.S. Kanota District – Jaipur, for the offence under Section 8 /20 of NDPS Act. The first bail application of petitioner was dismissed on 18.09.2025.
2. Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter and the investigation against him is complete and he is no more required in investigation. He further submits that there are no chance of fleeing of applicant accused from the jurisdiction of this Hon’ble Court. He also submits that the applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time.
3. Learned counsel for petitioner submits that the instant case is a fabricated case wherein present petitioner was planted by police. He referred two information memos prepared to comply provision under Section 42 of NDPS Act and further timeline of the recovery and submitted that there were discrepancies in the transmitting information a
Strict adherence to the provisions of the NDPS Act is mandatory for granting bail, especially concerning commercial quantities of narcotics, as reiterated by the court's findings.
Point of Law : Liberal approach in the matter of bail under the NDPS Act, is uncalled for. Therefore, it is quite clear that an order of bail cannot be granted in an arbitrary or fanciful manner.
Point of Law : The expression `reasonable grounds' has not been defined in the said Act but means something more than prima facie grounds. It connotes substantial probable causes for believing that t....
Point of law: That there has been a judicious application of mind by the judge who is deciding an application under Section 439 of the CrPC must emerge from the quality of the reasoning which is embo....
Bail denied under NDPS Section 37 for commercial quantity as petitioner accompanying contraband bearer fled police sans explanation, failing twin conditions of reasonable belief in non-guilt and no r....
The main legal point established in the judgment is the impact of delay in trial on the accused's right to liberty, especially in cases governed by stringent bail conditions under special acts like t....
Prolonged incarceration infringes the right to speedy trial, allowing bail despite statutory restrictions under the NDPS Act when the trial is unlikely to conclude promptly.
The court denied bail under the NDPS Act due to the serious nature of drug trafficking charges and failure to meet statutory conditions, emphasizing public safety and legislative intent.
The court ruled that bail cannot be granted under Section 37 of the NDPS Act unless conditions of proving innocence and minimal risk of reoffending are met, regardless of trial delays.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
