High CourtsSingle Bench(2020) 07 RAJ CK 0206

Rajmal alias Raj Khan vs State Of Rajasthan

Rajasthan High Court · Decided on 3 July 2020

HON’BLE JUDGES
Narendra Singh Dhaddha, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Bail Application No. 6294 Of 2020

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Judgment

12 paragraphs · 238 words
1.

Defects pointed out by the Registry are waived.

2.

The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No./2020 Registered

at Police Station Malakheda, District Alwar for the offence(s) under Section 8/18 Narcotic Drugs and Psychotropic Substances Act, 1985.

3.

Counsel for the petitioner submits that according to charge- sheet, petitioner had given Poppy straw seeds to Jagdish. As per definition, seeds are

excluded from the Poppy straw. Learned counsel for the petitioner also has relied upon the judgment passed by the Hon'ble Supreme Court in Special

Leave Petition (Crl.) 73 of 2000 decided on 11.04.2000.

4.

Learned Public Prosecutor has opposed the bail application.

5.

Considering the contentions put-forth by the counsel for the petitioner and taking into account the facts and circumstances of the case and without

expressing any opinion on the merits of the case, this court deems it just and proper to enlarge the petitioner on bail.

6.

Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Rajmal alias Raj Khan S/o

Chutmal shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the

satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.