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Rajendra Pal Singh vs The State of Rajasthan

Rajasthan High Court · Decided on 6 April 2011 · Citation: (2011) 04 RAJ CK 0070

HON’BLE JUDGES
Mohammad Rafiq, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 439 · Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) — Section 18, 8
CASE NUMBER
Criminal Miscellaneous Bail Application No. 1799 of 2011
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Judgment

6 paragraphs · 351 words

Mohammad Rafiq, J.—Heard learned Counsel for Petitioner as well as learned Public Prosecutor and perused the material made available to me during the arguments of the case.

2.

This is first case against Petitioner in which he is alleged to have committed offence u/s 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 for being found in possession of one kilogram opium. Notified commercial quantity of opium is 2.5 kilogram and small quantity is 25 gram. Further contention of learned Counsel for Petitioner is that there is no other criminal case ever registered against Petitioner. Petitioner was arrested on 12.11.2010. Challan has already been filed. Petitioner would undertake not to indulge in any such or other offence in future and that he would maintain good behaviour.

3.

Learned Public Prosecutor opposed the bail application.

4.

After considering all the facts and circumstances of the case and without expressing any opinion on its merits and demerits, I deem it just and proper to allow this bail application. It is therefore directed that accused-Petitioner, namely, Rajendra Pal Singh Son of Shri Atma Ram, Resident of H.No. 298, Street No. 6, Muslim Area, Jalandhar (Punjab) (presently confined in Central Jail, Kota) be released on bail u/s 439 Code of Criminal Procedure, in FIR No. 141/2010, Police Station G.R.P. Kota, District Kota, for offence u/s 8/18 of N.D.P.S. Act, provided he furnishes a personal bond in the sum of Rs. 30,000/- with two sureties of Rs. 15000/- each to the satisfaction of the trial Court for his appearance on all subsequent dates of hearing and as and when called upon to do so.

5.

However, in case it is found that any other criminal case is pending against Petitioner and that misstatement has been made by the Counsel about his whereabouts or non-registration of any other criminal case or any new case in future is registered against him, the bail so granted to him by this Court in this bail application would be liable to be cancelled at the instance of prosecution even by the trial Court.

6.

The bail application stands disposed of.