KAILASH CHAND Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2009-8-50
HIGH COURT OF RAJASTHAN
Decided on August 28,2009

KAILASH CHAND Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

MAHESH BHAGWATI, J. - (1.)THIS order governs the disposal of bail application filed under Section 439 of Cr.P.C. by Mr. Dinesh Singh Advocate on behalf of the applicant Kailash Chand pertaining to F.I.R. No. 29/2008 at police station G.R.P. Kota, District Kota, in the offence under Section 8/21 of N.D.P.S. Act.
(2.)HEARD the learned counsel for the petitioner and learned Public Prosecutor appearing for the State and perused the material on record.
G and 750 Gms of smack is alleGed to have been recovered from the possession of the petitioner. Learned counsel for the petitioner has canvassed that this he has been falsely implicated and is in no way connected with the recovery of the said samck. The petitioner has been in custody for quite a lonG time, hence, he may be Granted indulGence of bail.

Learned Public Prosecutor appearing for the State has opposed the bail petition.

Having reflected over the submissions made at the bar and scanned the relevant material available on record, I, without expressing any opinion on the merits of the case but keeping in view the quantity of smack recovered from the possession of the accused-petitioner, do not deem it just and proper to grant indulgence of bail to the accused petitioner.

In the result, the bail petition filed on behalf of the petitioner Kailash Chand S/o. Gordhan lal under Section 439 of Cr.P.C. is dismissed.



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