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2025 DAILYLAW 5985 (RAJ)

RAMSWAROOP S/O BIRAMLAL v. STATE OF RAJASTHAN

CRLMB/1825/2025 · 2025-02-27

Sudesh Bansal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:8646] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 1825/2025 1. Ramswaroop S/o Biramlal, Aged About 26 Years, R/o Semlihaat, Police Station Manohar Thana, District Jhalawar (Raj.) (At Present Confined In The District Jail, Jhalawar). 2. Rambabu S/o Amarlal, Aged About 30 Years, R/o Semlihaat, Police Station Manohar Thana, District Jhalawar (Raj.) (At Present Confined In The District Jail, Jhalawar). ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Ali Mohammed Khan For Respondent(s) : Mr. Vivek Choudhary, PP HON'BLE MR. JUSTICE SUDESH BANSAL Order 27/02/2025 1. This second bail application has been filed by petitioners under Section 483 of the BNSS in connection with FIR No.382/2023 registered at Police Station Manohar Thana, District Jhalawar for offence(s) under Sections 8/15, 8/25 & 8/29 of the NDPS Act. 2. Counsel for petitioners submits that after rejection of the first bail application vide order dated 12.07.2024 by this Court, statement of Seizure Officer has been recorded, but no other prosecution witnesses have been produced before the trial Court; both petitioners are in custody since 25.09.2023 and conclusion of trial will take considerable time, hence, considering the period of incarceration of petitioners, they may be released on bail. [2025:RJ-JP:8646] (2 of 2) [CRLMB-1825/2025] 3. Learned Public Prosecutor, having assistance with the Investigating Officer, has opposed the bail application and submits that the poppy husk weighing 75 Kg was recovered from the conscious possession of petitioners, which is above commercial quantity, hence, in view of the bar envisaged under Section 37 of the NDPS Act, petitioners are not entitled to be released on bail. 4. Having heard learned counsel for petitioners as well as learned public prosecutor and perused the material available on record, considering the rival contention of counsel for both parties and the quantity of contraband recovered from petitioners, which is of commercial quantity as also in view of Section 37 of the NDPS Act, this Court is not inclined to release the petitioners on bail at this stage. 5. Accordingly, instant second bail application is dismissed. 6. However, it is hereby directed that the trial Court shall make an endeavor to expedite the trial of the present case. (SUDESH BANSAL),J NITIN /5