GOHIL KANAKSINGH S/O JEM BHAI v. STATE OF RAJASTHAN
CRLMB/41/2025 · 2025-02-18
Anil Kumar Upman
body2025
DailyLaw.ai
[ 2025 DAILYLAW 2241 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 2241 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:7153] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 41/2025 Gohil Kanaksingh S/o Jem Bhai, Aged About 27 Years, R/o Khari Gaon, Police Station Bagdana, District Bhavnagar (Gujrat) Rent- Holder R/o Plot No. 2, Iiird Floor Jyoti Society, Gotalawadi Katargram, Surat City, District Surat (Gujrat) At Present Rented At House No. 159, G.a.f. Tulsi Home Society Valenja Road Se Sekhpur Road, Near Anand Vatika Society, Gaon Velenja, Police Station Kamrej, District Surat (Gujrat) (Confined At Central Jail Ajmer). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Abdul Wahid Naqvi For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 18/02/2025
1. The instant bail application has been filed under Section 483 of BNSS, on behalf of the petitioner, who has been arrested in connection with FIR No.298/2021 registered at Police Station Sarwar, District Ajmer (Raj.) for the offence punishable under Section 8/15 of NDPS Act.
2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Counsel submits that petitioner has been arrested simply on the basis of the fact that vehicle No. MH-46-F-1416 in which alleged recovery of contraband i.e. 555.500 kgs of doda post has been made, was found in possession of the petitioner. Counsel submits
[2025:RJ-JP:7153] (2 of 2) [CRLMB-41/2025] that the registered owner of said vehicle is other person and in
order to save him, petitioner has been booked in this case. Counsel submits that except the present case, there are no other criminal antecedents of similar nature against the petitioner. Petitioner is in custody since 29.11.2024 and trial will take time in its conclusion. Further custody of the petitioner would not serve any fruit purpose.
3. Learned Public Prosecutor opposes the submissions made by the counsel for the petitioner. He submits that huge recovery of contraband has been made from the vehicle which was in possession of the petitioner. He further submits that still investigation is going on and therefore, considering the rigour of Section 37 of NDPS Act, bail should not be granted to the petitioner.
4. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the parties, especially the fact that huge recovery of contraband has been made in this matter; investigation is going on, I do not find it a fit case to allow this bail application, at this stage.
5. Accordingly, this bail application stands dismissed.
6. However, petitioner would be at liberty to renew the prayer of bail after submission of result of investigation.
(ANIL KUMAR UPMAN),J LALIT MOHAN /97