HASTIMAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The jurisdiction of this Court has been invoked by way of filing an application under Sec. 439 Cr.P.C. at the instance of accused-petitioner. The requisite details of the matter are tabulated herein below: <FRM>JUDGEMENT_99_LAWS(RAJ)1_2024_1.html</FRM>

(2.) It is contended on behalf of the accused-petitioner that the recovered contraband is well below demarcated commercial quantity. No case for the alleged offences is made out against him and he has been made an accused based on conjectures and surmises. His incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accused-petitioner. The embargo contained under Sec. 37 of NDPS Act is not attracted in this case.

(3.) Contrary to the submissions of learned counsel for the petitioner, learned Public Prosecutor opposes the bail application and submits that the present case is not fit for enlargement of accused on bail.