Dinesh Ram vs State Of Rajasthan

Madan Gopal Vyas, J

This fourth bail application has been filed by the petitioner under Section 439 Cr.P.C. in relation to FIR no.49/2020, Police Station Mangalwad, District Chittorgarh for the offences under Sections 8/15 of the NDPS Act.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. It is submitted that the allegation against the petitioner is that he was sitting in the vehicle from which contraband was recovered. It is further submitted that driver of the vehicle Jagdish has already been enlarged on bail by the coordinate Bench of this Court vide order dated 6.5.2021. The petitioner is behind the bars since 15.5.2020 and trial of the case will take time. Therefore, the petitioner may be enlarged on bail.

Per contra, learned Public Prosecutor opposed the prayer made by learned counsel for the petitioner. Learned Public Proseuctor submits that in the present case, the recovered contraband is 3 qtl and 9 kgs of Poppy straw, which is in commercial quantity and therefore, the present case is hit by the provisions of Section 37 of the NDPS Act. He further submitted that the co-accused Jagdish was released only because of his physical disability. Learned Public Prosecutor thus, prayed that the bail application 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 and in view of the fact that in the present case the recovered contraband is 3 qtl 9 kgs of Poppy straw is in commercial quantity and therefore, grant of bail hit by the provisions of Section 37 of the NDPS Act, this Court does not find it to be a fit case for grant of bail to the petitioner.

Consequently, the present bail application is rejected.

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

A copy of this order be sent to the learned trial court either by FAX or by email.