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2025 DAILYLAW 10639 (RAJ)

PRITAM KUMAR S/O SHRI MOHAN LAL v. STATE OF RAJASTHAN

CRLMB/3592/2025 · 2025-03-12

Praveer Bhatnagar

body2025

Judgment text

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[2025:RJ-JP:11495] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous II Bail Application No. 3592/2025 Pritam Kumar S/o Shri Mohan Lal, Aged About 40 Years, R/o Opposite Sabji Mandi, Jeep Stand Balaji Road, P.s. Todabhim, District Gangapur City (Raj.) (At Present Accused Petitioner Confined In Sub Jail Hindauncity) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Ankit Khandelwal on behalf of Mr. Arvind Sharma For Respondent(s) : Mr. Shree Ram Dhakar, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 12/03/2025 The instant second bail application has been filed under Section 483 BNSS on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No. 77/2024 registered at Police Station Todabhim, District Gangapur City for the offence(s) under Sections 8/21 and 8/22 of NDPS Act. Learned counsel for the petitioner submits that the accused- petitioner has falsely been implicated in this case. The first bail application of the accused-petitioner was dismissed for want of prosecution. The accused petitioner is in custody since 30.03.2024 and the trial of the case will take considerable time. Therefore, the benefit of bail may be granted to the accused-petitioner. Per contra, learned Public Prosecutor opposes the bail application and contended that from the petitioner’s possession [2025:RJ-JP:11495] (2 of 2) [CRLMB-3592/2025] commercial quantity of prohibited drugs were recovered. It is also contended that the accused-petitioner is habitual offender, he was also found to be involved in two other criminal cases, therefore considering the gravity of the offence and criminal antecedents of the accused-petitioner his second bail application deserves to be dismissed. Heard and perused the material available on the record. It is alleged against the accused-petitioner that from his possession 22 cartoons containing prohibited drugs were recovered. The recovered quantity of prohibited drugs falls within the ambit of commercial quantity provided under NDPS Act, therefore considering the rider imposed under Section 37 of the NDPS Act, this court is not inclined to enlarge the accused petitioner on bail. Accordingly, instant second bail application preferred by accused-petitioner is hereby dismissed. (PRAVEER BHATNAGAR),J ashu /39