The recovery of a commercial quantity of drugs and cash from the accused's custody can be a significant factor in the court's decision to grant or deny bail under the NDPS Act.

JUDGMENT

Devendra Kachhawaha, J. - The present second bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.17/2020, Police Station Chaku, District Jodhpur, registered for the offences under Sections 8/22 and 8/29 of the NDPS Act.

2. Heard learned counsel for the petitioner as well as learned Public Prosecutor. Perused the material available on record.

3. Learned counsel for the petitioner while submitting one certificate stated that co-accused Narpat Singh is the owner of Bhawani Medical and General Store and he certified that the petitioner Bhawani Singh is his servant at his medical store Bhawani Medical and General Store, Matora, Jodhpur and the drugs have been recovered from the petitioner but the same are not illegal drugs; the bills are available on record; and trial will take time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the petitioner.

4. Per contra learned Public Prosecutor has vehemently and fervently opposed the bail application and stated that at the time of seizure no such certificate was submitted as produced by the accused-petitioner.

5. In reply, learned counsel for the petitioner stated that bills were produced and recovered from the petitioner and the same were taken on record by the Seizure Officer.

6. Having regard to the totality of the facts and circumstances of the case and particularly looking to the facts that total 25240 tramadol tablets have been recovered from the physical custody of the accused-petitioner; apart from that Rs.35,620/- have been recovered from the custody of the accused-petitioner; and recovered quantity is commercial quantity, therefore, without expressing any opinion on the merits of the case, I am not inclined to grant bail under Section 439 Cr.P.C. to the petitioner at this stage.

7. Accordingly, the application preferred by the petitioner under Section 439 Cr.P.C. is dismissed at this stage. However, accused-petitioner is free to file a fresh bail application after recording of the statements of Seizure Officer.