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2019 Supreme(Raj) 2623
IN THE HIGH COURT OF RAJASTHAN
Vijay Bishnoi, J.
Kamal Kumar - Appellant
Versus
State Of Rajasthan - Respondent
Criminal Misc. Bail No. 1696 of 2019
Decided On : 18-02-2019
Mr. Sunil Bishnoi, Advocate, for the Appellant; Mr. Ashok Upadhyay, P.P, for the Respondent
The court's discretion in granting bail under Section 439 Cr.P.C. is influenced by the quantity of the recovered narcotic substance and the totality of the facts and circumstances of the case.
Headnote:
NDPS Act - Bail Application - The court granted bail to the accused petitioner under Section 439 Cr.P.C. considering the quantity of the narcotic substance and the totality of the facts and circumstances of the case.
Fact of the Case:
The petitioner was arrested for the offence punishable under Section 8/22 of NDPS Act for the recovery of narcotic substance Tramadol. The recovered tablets were below the commercial quantity.
Finding of the Court:
The court, without expressing any opinion on the merits of the case, deemed it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
Issues: Bail application under Section 439 Cr.P.C.
Ratio Decidendi: The court considered the totality of the facts and circumstances of the case and the quantity of the recovered narcotic substance in granting bail to the accused petitioner.
Final Decision: The bail application filed under Section 439 Cr.P.C. was allowed, and the accused petitioner was directed to be released on bail upon fulfilling the specified conditions.
JUDGMENT
1. Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.
2. The petitioner has been arrested in FIR No. 15/2019 of Police Station Sadar, District Sri Ganganagar for the offence punishable under Section 8/22 of NDPS Act. He has preferred this bail application under Section 439 Cr.P.C.
3. Learned counsel for the petitioner has submitted that as per the prosecution story, total 225 Trio-SR tablets containing narcotic substance Tramadol alleged to have been recovered at the instance of petitioner, however, the total weight of the recovered tables is 100 gms., whereas up to 250 gms. of narcotic substance Tramadol is considered as below commercial quantity.
4. Learned Public Prosecutor has opposed the bail application.
5. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
6. Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Kamal Kumar S/o Omprakash shall be released on bail in connection with FIR No. 15/2019 of Police Station Sadar, District Sri Ganganagar provided he executes a personal bond in a sum of Rs. 50,000/- with two sound and solvent sureties of Rs. 25,000/- each to the satisfaction of 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 the trial.
