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VIJAY BISHNOI
Dinesh Kumar – Appellant
Versus
State Of Rajasthan – Respondent
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.28/2019 of Police Station, Karda, District Jalore for the offences punishable under Sections 8/15 of NDPS act and 465 and 476 of I.P.C. He has preferred this bail application under Section 439 Cr.P.C.
3. Learned counsel for the petitioner has submitted that allegation against the petitioner is to the effect that he along with co-accused Om Prakash have transported huge quantity of narcotic contraband poppy straw above commercial quantity in a vehicle. Learned counsel for the petitioner has further submitted that in the charge-sheet, the police has concluded that they have identified the petitioner and co-accused Om Prakash on the basis of CCTV footage of the road from where the vehicle was passed.
4. It is further submitted that the co-accused Om Prakash has already been enlarged on bail by the Coordinate Bench of this Court on 12.01.2022 and case of the petitioner is not distinguishable from him.
5. Learned Public Prosecutor has opposed the bail application, however, he is not in a position to d
Granting bail based on the totality of the facts and circumstances of the case.
The court has the discretion to grant bail after considering the totality of the facts and circumstances of the case.
The court has the discretion to grant bail after considering the totality of the facts and circumstances of the case.
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.
The court has the discretion to grant bail based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits/demerits of the case.
A person accused under the NDPS Act may be granted bail if there is no recovery of narcotic contraband from them and if they can demonstrate a lack of knowledge regarding the nature of the goods bein....
Possession of narcotic contraband below commercial quantity can be a basis for granting bail under Section 439 Cr.P.C.
The court considered the total weight of the recovered narcotic substances and poppy straw, which was below commercial quantity, in granting bail to the accused petitioner.
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