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2006 Supreme(Raj) 1394
High Court Of Rajasthan
Judgename : GOPAL KISHAN VYAS
IBRAHIM - Appellant
Versus
STATE OF RAJASTHAN - Respondent
CRIMINAL MISC. BAIL APPLICATION 1666 Of 2006
Decided On : 05/10/2006
ASHOK UPADHAYAY, Ramesh Purohit
The main legal point established in the judgment is that the quantity of narcotic substance recovered is a crucial factor in determining the eligibility for bail under the NDPS Act.
Headnote:
Narcotic Substance - Bail Application - The court allowed the bail application of the accused as the quantity of narcotic substance recovered was less than the commercial quantity defined under the NDPS Act.
Fact of the Case:
The applicant filed a bail application stating that the quantity of narcotic substance recovered was less than the commercial quantity defined under the NDPS Act.
Finding of the Court:
The court found that the quantity recovered from the applicant was indeed less than the commercial quantity, and therefore, the limitation on granting bail as mentioned in the Act was not attracted in the present case. The court allowed the bail application and directed the release of the accused on bail.
Issues: The main issue was whether the quantity of narcotic substance recovered was less than the commercial quantity as defined under the NDPS Act.
Ratio Decidendi: The court's decision was influenced by the interpretation of the commercial quantity defined under Section 2(viia) of the NDPS Act, which led to the conclusion that the limitation on granting bail was not attracted in the present case.
Final Decision: The court allowed the bail application and directed the release of the accused on bail, subject to certain conditions.
( 1 ) I have heard learned counsel for the applicant as well as learned Public Prosecutor for the state and carefully gone through the impugned order. It is contended by the learned counsel for the applicant that challan has already been filed in this case.
( 2 ) THE narcotic substance recovered in this case is less than the commercial quantity as defined under Section 2 (viia) of the n. D. P. S. Act, which means any quantity less than the quantity specified by the Central Government by notification in the official gazette. The quantity recovered from the present applicant is less than the commercial quantity and, therefore, the limitation on grating bail as mentioned in clause (b) of sub-section (1) of Section 37 of the Act is not attracted in the present case because the quantity recovered from the applicant is 1. 400 kg opium.
( 3 ) IN view of the above, taking into consideration the facts and circumstances of the case, i think it just and proper to enlarge the accused applicant on bail. Accordingly, the application filed under Section 439 Cr. P. C. is allowed and it is directed that the applicant Ibrahim S/o Mohd. Ali shall be released on bail (in FIR No. 155/2006 P. S. Pratapgarh) provided he executes a personal bond in the sum of Rs. 1,00,000/- and furnishes two sound and solvent sureties in the sum of Rs. 50,000/- each to the satisfaction of the learned trial court for his appearance before that Court on each and every date of hearing and whenever called upon to do so, till the completion of trial.
( 4 ) THIS order will be subject to the condition that in case accused applicant commits any offence under the Act during the pendency of the present case then it will be open to the prosecution to move application for cancellation of the bail.
