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2025 DAILYLAW 22294 (RAJ)

HARISINGH S/O BASTIRAM v. THE STATE OF RAJSTHAN

CRLMB/7979/2025 · 2025-08-11

Praveer Bhatnagar

body2025

Judgment text

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[2025:RJ-JP:31049] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 7979/2025 Harisingh S/o Bastiram, Aged 45 Years, R/o Shyopura, Police Station Masisar, District Jhunjhunu (Raj.) (At Present Confined In District Jail Jhunjhunu) ----Petitioner Versus The State Of Rajsthan, Through Pp ----Respondent For Petitioner(s) : Ms. Anu Joshi For Respondent(s) : Mr. Shree Ram Dhakar, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 11/08/2025 1. The instant bail application has been filed under Section 483 BNSS on behalf of accused-petitioner. The accused-petitioner has been arrested in connection with FIR No. 153/2024 registered at Police Station Bisau District Jhunjhunu for the offences under Sections 8/15 of NDPS Act. 2. Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated in this case. He further submits that the accused-petitioner is in custody since long and the trial of the case may take considerable time, therefore, the bail application of the accused-petitioner may be allowed. 3. Learned Public Prosecutor has vehemently opposed the bail application and contended that the quantity recovered from the possession of the petitioner is 180 KG of poppystraw, which is commercial quantity and the rider imposed under Section 37 of [2025:RJ-JP:31049] (2 of 2) [CRLMB-7979/2025] NDPS Act is attracted, therefore the bail application of the accused-petitioner deserves to be dismissed. 4. Heard and perused the material available on record. 5. It is not desirable for the court to express anything, it is alleged against the petitioner that from his possession 180 KG of poppystraw was recovered, in a truck bearing No. RJ-18-GB-5054, the said quantity of poppy straw falls within the ambit of commercial quantity and the provisions enshrined under Section 37 of the NDPS Act is mandatory in nature, which provides that the bail can be granted only if there is reasonable ground for believing that the petitioner is not guilty of said offence. 6. Considering the allegations levelled against the petitioner and the provisions of Section 37 of NDPS Act, this court is not inclined to enlarge the petitioner on bail. 7. Accordingly, the present criminal misc. bail application stands dismissed. (PRAVEER BHATNAGAR),J ashu /204