The court considered the quantity of the narcotic contraband opium alleged to have been recovered as a key factor in granting bail to the accused petitioners under Section 439 Cr.P.C.

JUDGMENT

Vijay Bishnoi, J. - Heard learned counsel for the petitioners as well as learned Public Prosecutor and also perused the material on record.

2. The petitioners have been arrested in FIR No.17/2021 of Police Station Luni, District Jodhpur for the offences punishable under Sections 8/18, 29 of NDPS Act. They have preferred these bail applications under Section 439 Cr.P.C.

3. Learned counsel for the petitioner has submitted that narcotic contraband opium alleged to have been recovered in the matter is 450 gms, which is below commercial quantity.

4. Learned Public Prosecutor has opposed the bail applications.

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 petitioners under Section 439 Cr.P.C.

6. Accordingly, these bail applications filed under Section 439 Cr.P.C. are allowed and it is directed that petitioners- Pushkar Das S/o Jagdish Das Bairagi and Prakash Kumawat S/o Chaina Ram Kumawat shall be released on bail in connection with FIR No.17/2021 of Police Station Luni, District Jodhpur provided each of them 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.