The Supreme Court on Friday dismissed the bail application filed by a man in jail for the last nine months in an NDPS case, caught with 8-9 kg of Ganja.
A bail plea of Harbeer Singh was heard and dismissed by the bench of Justice Dinesh Maheshwari and Justice Aniruddha Bose on 21.05.2021, wherein the counsel for appellant Advocate Aditya Wadhwa submitted that he has been incarceration from past 9 months for the offences charged under section 8/20 NDPS Act, 1985.
The petitioner is in judicial custody since 23.09.2020. The appellant further relied on bar of section 37 of NDPS Act and stated that “Your Lordship, the quantity of ganza recovered from possession of Harbeer is very less than the commercial. Justice Dinesh said –“ 8-9 kgs of ganja seems less to you.” (Harbeer v State of Rajasthan)
Harbeer has challenged the order of the High court of Judicature for Rajasthan, bench at Jaipur before the apex court, where his second bail application under section 439 of Code of Criminal Procedure,1973 was set aside by High Court on 11.02.2021. The Appellant Harbeer was arrested and an FIR No. 404/2020 was lodged at PS Kathumar, District Alwar.
The Counsel of petitioner argued before High court of Judicature for Rajasthan, Bench at Jaipur that after dismissal of first Bail application, charge has already been framed against the Petitioner by trial court, the petitioner prayed for regular bail to be granted u/s 439 CrPc by the High Court.
The Court was fully satisfied with the arguments made by prosecution that is other criminal case is subjudice against the petitioner under provisions of the NDPS Act, 1985, wherein Harbeer misused his bail granted to him in a pending case, he indulged in committing the offence of similar nature again.
Consideration of the nature and gravity of averments against the Harbeer indulgence in offence of similar nature, after he was released on bail, misused his liberty.
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This factor was enough for dismissal of his second bail of Harbeer passed by Justice Mahendar Kumar Goyal of High court of Judicature for Rajasthan, Bench at Jaipur.