Dashrath Singh vs State Of Rajasthan

Madan Gopal Vyas, J

The present criminal misc. bail application under Section 439 of Cr.P.C. has been preferred by the petitioner Dashrath Singh against the order dated 3.2.2022 passed by the learned Special Judge, NDPS Act Cases, Pratapgarh in relation to FIR No.44/2021 lodged at Police Station Chhotisadari, District Pratapgarh for the offences under Sections 8/15 and 29 of the NDPS Act.

Learned counsel for the petitioner submits that the petitioner has been arrested after one year of the alleged recovery on the basis of the confessional statements of co-accused. It is also submitted that the statement of the co-accused is not only irrelevant but also inadmissible in evidence and therefore, it is prayed that the petitioner may be enlarged on bail.

Learned Public Prosecutor opposed the bail application. It is submitted that the total 402 kg and 100 grams of poppy husk, which is in commercial quantity was recovered in the present case and the present petitioner is the supplier of the contraband. It is also submitted that two other cases under the provisions of the NDPS Act have been registered against the petitioner. Therefore, it is prayed that the bail application filed by the petitioner may be rejected.

Heard the learned counsel for the parties and perused the material available on record.

Having regard to the facts and circumstances of the case, particularly the fact that the recovered contraband is in commercial quantity, I do not find it to be a fit case to grant bail to the petitioner.

Accordingly, the bail application filed by the petitioner is hereby rejected.

However, the learned trial court is directed to expedite the trial of the case.