High CourtsSingle Bench

Poonaram @ Poonamchand vs State, Through Pp

Rajasthan High Court · Decided on 5 December 2019 · Citation: (2019) 12 RAJ CK 0125

HON’BLE JUDGES
Vijay Bishnoi, J
ACTS & SECTIONS REFERRED
Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 8, 15, 25, 29 · Railways Act, 1989 — Section 160(2) · Code Of Criminal Procedure, 1973 — Section 439
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Bail Application No. 14439 Of 2019
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Judgment

6 paragraphs · 227 words

Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

The petitioner has been arrested in FIR No.37/2018 of Police Station Bap District Jodhpur for the offences punishable under Sections 8/15, 25, 29 NDPS Act and Section 160(2) of the Railway Act. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that narcotic contraband poppy husk/straw alleged to have been recovered from the petitioner is 40 kgs, which is below commercial quantity.

Learned Public Prosecutor has opposed the bail application.

Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Poonaram @ Poonamchand S/o Hanumanaram, shall be released on bail in connection with FIR No.37/2018 of Police Station Bap District Jodhpur provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/-each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.