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2021 Supreme(Raj) 394

IN THE HIGH COURT OF RAJASTHAN
Vijay Bishnoi, J.
Jawed Khan - Appellant
Versus
State Of Rajasthan - Respondent
Criminal Miscellaneous Bail Application No. 2579 of 2021
Decided on : 19-02-2021

Advocates appeared:
Kuldeep Sharma, Advocate, Shrawan Bishnoi, Advocate

The court considered the narcotic contraband quantity and the totality of the facts and circumstances of the case in granting bail under Section 439 Cr.P.C.

Headnote:

NDPS Act - Bail Application - The court granted bail to the accused petitioner under Section 439 Cr.P.C. considering the narcotic contraband quantity and the totality of the facts and circumstances of the case.

Fact of the Case:

The petitioner was arrested for offences under Sections 8/21 NDPS Act for possession of narcotic contraband heroine below commercial quantity.

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 totality of the facts and circumstances of the case.

Issues: Bail application under Section 439 Cr.P.C. for offences under Sections 8/21 NDPS Act.

Ratio Decidendi: Granting bail based on the narcotic contraband quantity and the totality of the facts and circumstances of the case.

Final Decision: The bail application filed under Section 439 Cr.P.C. is allowed, and the accused petitioner is directed to be released on bail upon fulfilling the specified conditions.

JUDGMENT

Vijay Bishnoi, J. - 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.13/2021 of Police Station Talwada District Hanumangarh for the offences punishable under Sections 8/21 NDPS Act. He has preferred this bail application under Section 439 Cr.P.C.

3. Learned counsel for the petitioner has submitted that the narcotic contraband heroine alleged to have been recovered in the matter is 25 gms., which is 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. Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Jawed Khan S/o Shri Jafar Khan shall be released on bail in connection with FIR No.13/2021 of Police Station Talwada District Hanumangarh 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.

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