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2021 Supreme(Raj) 518
IN THE HIGH COURT OF RAJASTHAN
Vijay Bishnoi, J.
Pushkar Das - Appellant
Versus
State Of Rajasthan - Respondent
Criminal Miscellaneous Bail Application No. 2640 of 2021
Decided on : 01-03-2021
Important Points
Subject
Criminal Law - Bail Proceedings
Act Referred
NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT : S.18, S.29, S.8
Headnote
NDPS Act - Bail Application - The court granted bail to the accused petitioners under Section 439 Cr.P.C after considering the quantity of narcotic contraband opium alleged to have been recovered, which was below commercial quantity.
Fact of the Case:
The petitioners were arrested for offences under Sections 8/18, 29 of NDPS Act for the alleged possession of 450 gms of opium, below commercial quantity. They filed bail applications under Section 439 Cr.P.C.
Finding of the Court:
The court, without expressing any opinion on the merits of the case, granted bail to the accused petitioners considering the totality of the facts and circumstances of the case.
Issues: The main issue was whether the accused petitioners should be granted bail under Section 439 Cr.P.C despite the opposition from the Public Prosecutor.
Ratio Decidendi: The court's decision was influenced by the quantity of the narcotic contraband opium alleged to have been recovered, which was below commercial quantity, and the totality of the facts and circumstances of the case.
Final Decision: The bail applications filed under Section 439 Cr.P.C were allowed, and the accused petitioners were directed to be released on bail upon fulfilling certain conditions.
Pradeep Choudhary, Advocate, S.S. Rajpurohit, Advocate
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.
