KAMAL TAILOR @ KAMLESH S/O JAGDISH v. STATE OF RAJASTHAN
CRLMB/6745/2024 · 2025-03-07
Anil Kumar Upman
body2025
DailyLaw.ai
[ 2025 DAILYLAW 21041 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 21041 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:10334] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 3rd Bail Application No. 6745/2024 Kamal Tailor @ Kamlesh S/o Jagdish, Aged About 22 Years, R/o Boliya Police Station Garoth District Mandsor (Mp) (At Present Confined In Sub District Jail Bhawani Mandi District Jhalawar (Raj.) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. P.S. Rajawat For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 07/03/2025
1. The third application for bail under Section 483 BNSS has been filed on behalf of the petitioner, who has been arrested in connection with FIR No.101/2023 registered at Police Station Dug District Jhalawar for the offences punishable under Sections 8/20 & 8/29 of NDPS Act. Later on, police filed charge-sheet in this matter for the offences punishable under Sections 8/20, 8/25 & 8/29 of NDPS Act.
2. The second bail application (No.256/2024) was dismissed as withdrawn vide order dated 19.01.2024 with liberty to renew the prayer of bail after recording testimony of Seizure Officer. Now, statement of Seizure Officer has been recorded during the course of trial. Thus, this third bail application has been preferred.
[2025:RJ-JP:10334] (2 of 2) [CRLMB-6745/2024]
3.
Learned counsel for the accused petitioner submits that petitioner has falsely been implicated in this case. Counsel submits that petitioner is in custody since 17.05.2023 and as such he has suffered incarceration of about 1 year 9 months. There are no criminal antecedents against the petitioner. Charge-sheet has been filed and trial of the case will take considerable time in its completion. Further custody of the petitioner would not serve any fruitful purpose.
4. Learned Public Prosecutor opposes the bail application and submits that petitioner has been found in possession of commercial quantity of ganja and prima facie, there is violation of mandatory provisions of NDPS Act. He further submits that considering the rigour of Section 37 of the NDPS Act, bail should not be granted to him.
5. Having regard to the totality of the facts and circumstances of the case and considering the arguments advanced at bar, as also the fact that petitioner was found in possession of ganja weighing 43.275 Kgs which is commercial quantity thus, I do not find any good ground to change my earlier view.
6. Accordingly, this third bail application is dismissed.
7. The observations made herein above are only for decision of the instant bail application and would not have any impact on the trial of the case in any manner.
(ANIL KUMAR UPMAN),J GAUTAM JAIN /9