Research › Search › Judgment

High Court of Rajasthan · body

2025 DAILYLAW 44463 (RAJ)

KAILASH DHAKAD S/O JHAMAKLAL v. STATE OF RAJASTHAN

CRLMB/7314/2025 · 2025-11-26

Sameer Jain

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:47872] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 7314/2025 Kailash Dhakad S/o Jhamaklal, Aged About 40 Years, R/o Village Kanjadi Police Thana Manasa District Neemach M.p. (At Present Confined At Central Jail Kota). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Ms. Faziya G. Khan for Mr. Abdul Kalam Khan For Respondent(s) : Ms. Arti Sharma, PP Mr. Rhishi Raj Singh Rathore, PP HON'BLE MR. JUSTICE SAMEER JAIN Order 26/11/2025 1. The instant bail application has been filed under Section 483 BNSS on behalf of accused-applicant. The accused-applicant was arrested in connection with FIR No. 197/2024 registered at Police Station R.K. Puram District Kota for the offence(s) under Sections 8/15 NDPS Act. 2. Learned counsel for the accused-applicant submits that the applicant is a driver, who is sole bread earner of the family. It is submitted that charge-sheet has been filed and applicant has no criminal antecedents registered against him. It is further submitted that applicant is in custody ever since 29.05.2024. Furthermore, it is submitted that recovered quantity of the contraband is 1508.900 Kg against the commercial quantity i.e. 50 Kg. [2025:RJ-JP:47872] (2 of 2) [CRLMB-7314/2025] 3. Per contra, learned Public Prosecutor has vehemently opposed the bail application. It is submitted that upon information, introspection of the vehicle was made out and driver of the said vehicle, who is present accused-applicant, had tried to ran away from the place of incidence. It is further submitted that upon introspection, present quantity i.e. 1508.900 Kg was recovered directly from the accused-applicant. Further, it is submitted that provisions of Section 37 of NDPS Act are invoked and no prima facie case is made out. 4. Having heard the arguments advanced by the learned counsel for the parties and considering the fact that contraband was recovered directly from the accused-applicant; that the recovered quantity of the contraband is much more than the commercial quantity and looking to the overall facts and circumstances of the case and material on record but without commenting on merits/demerits of the case, this court is not inclined to allow the bail application of the accused-applicant. 5. Accordingly, the bail application under Section 483 BNSS is dismissed. (SAMEER JAIN),J Pooja /16