Back
SUBODH ABHYANKAR
Jayraj Gurjar – Appellant
Versus
Central Narcotics Bureau – Respondent
JUDGMENT
Subodh Abhyankar, J. - They are heard. Perused the case diary / challan papers.
2. This is applicant's FIRST application under Section 438 of Criminal Procedure Code, 1973 for grant of anticipatory bail, as the present applicant is apprehending his / her arrest in connection with Crime No.1/2022 registered at Police Station Kota, District Rajasthan for offence punishable under Sections 8/15(C)/21(C) of the NDPS Act.
3. The allegation against the present applicant is that he was also involved in the aforesaid case wherein his brother main accused Mangilal was found in possession of 392 Kgs of poppy straw, who has also given a memo under Section 27 of the Evidence Act and has stated that it was stolen by him from the present applicant's room.
4. Counsel for the applicant has submitted that the co-accused Mangilal has already been acquitted by the trial Court in Special Case.No.19/2022 dated 13.03.2023 and even the keys of the room from which the aforesaid contraband was stolen has been found from the possession of main accused Mangilal. Counsel for the applicant has further submitted that the case of the prosecution is that father of the applicant is a opium cultivator and the c
The court's decision was influenced by the acquittal of the co-accused and the prosecution's failure to prove the nature of the seized contraband under the NDPS Act.
Discretionary relief is generally denied when an accused is absconding and failing to cooperate with the investigation, particularly in cases involving serious offences where the petitioner's involve....
Successive anticipatory bail applications require a change in circumstances; otherwise, they may be dismissed due to the serious nature of the offence and need for custodial interrogation.
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
