1992 Supreme(Raj) 991

RAJASTHAN HIGH COURT AT JAIPUR BENCH
M.R.Calla, J.
Deepu @ Devendra Singh - Appellant
Versus
State of Rajasthan - Respondent
S.B. Cri. Misc. Bail Application No. 5152 of 1992.
Decided On : 4-12-1992

The court's decision to grant bail under Section 439, Cr.P.C. was based on the recovery of opium poppy husk, the absence of pending cases under the Narcotic Drugs And Psychotropic Substances Act against the petitioner, and the petitioner's undertaking not to repeat the offence in the future.

Headnote:

Bail - Narcotic Drugs And Psychotropic Substances Act - The court granted bail to the accused petitioner under Section 439, Cr.P.C. based on the recovery of 18 Kg. opium poppy husk, the absence of any pending cases under the Narcotic Drugs And Psychotropic Substances Act against the petitioner, and the petitioner's undertaking not to repeat the offence in the future.

Fact of the Case:

The accused petitioner had been in jail since 5.11.1992, and 18 Kg. opium poppy husk was recovered from him. The petitioner disclosed his previous engagement in such activities, but no criminal case under the Narcotic Drugs And Psychotropic Substances Act was registered against him, nor any other case under the Act was pending against him.

Finding of the Court:

The court, without expressing any opinion on the merits of the case, granted bail to the accused petitioner under Section 439, Cr.P.C. based on the facts and circumstances of the case.

Issues: The main issue was whether the accused petitioner should be granted bail under Section 439, Cr.P.C. considering the recovery of opium poppy husk and the absence of pending cases under the Narcotic Drugs And Psychotropic Substances Act against the petitioner.

Ratio Decidendi: The court's decision to grant bail was influenced by the recovery of 18 Kg. opium poppy husk, the absence of pending cases under the Narcotic Drugs And Psychotropic Substances Act against the petitioner, and the petitioner's undertaking not to repeat the offence in the future.

Final Decision: Bail was granted to the accused-petitioner Deepu alias Devendra Singh upon furnishing a personal bond and sureties to the satisfaction of the trial Court.