IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR
ORDER
S.B. Criminal Misc. Bail Application No. 3460/2009
Shabrati vs. State of Rajasthan
Dated : 17.08.2009
HON’BLE MR. JUSTICE MAHESH BHAGWATI
Mr. Sanjay Kumar Sharma, for the petitioner.
Mr. Amit Poonia, Public Prosecutor.
This order governs the disposal of bail application filed under Section 439 of Cr.P.C. by Mr. Sanjay Kumar Sharma Advocate on behalf of the applicant Shabrati pertaining to F.I.R. No. 182/2009 of Police Station Bhawanimandi, District Jhalawar in the offences under Sections 8/21 of N.D.P.S. Act.
2. Heard the learned counsel for the petitioner as also the learned Public Prosecutor appearing for the State and perused the relevant material available on record.
3. Learned counsel for the petitioner has canvassed that only 100 gms of smack is alleged to have been recovered from the possession of the petitioner, which is ofcourse, a bit more than small quantity but undeniably less than commercial quantity. Police after completion of investigation has filed the challan in the court, which is pending trial, hence, he may be granted indulgence of bail.
4. Learned Public Prosecutor has opposed the bail application.
5. Having considered the submissions made at the bar and scanned the relevant material on record, I, without expressing any opinion on the merit of the case but keeping in view the quantity of smack recovered from the possession of the petitioner, do not feel inclined to grant bail to the petitioner and the same deserves to be dismissed.
6. In the result, the bail petition filed under Section 439 of Cr.P.C. on behalf of the accused-petitioner stands dismissed.
(MAHESH BHAGWATI)J.
Mak/-
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