VIJAY BISHNOI
Manjindra Singh – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
Vijay Bishnoi, J. - Heard learned counsel for the parties and perused the material available on record.
2. The petitioner(s) has/have been arrested in FIR No.76/2019 of Police Station Rajgarh, Distt. Churu for the offence(s) punishable under Section(s) 8/25, 8/18, 8/29, 25 and 29 of the NDPS act. He/she/they has/have preferred this/these bail application(s) under Section 439 Cr.P.C.
3. Learned counsel for the petitioners has submitted that as per the prosecution story, the petitioners along with one Sukhram were apprehended by the police and the police seized three bags containing narcotic contraband poppy straw weighing 32 kgs each from a truck, in which, the petitioners were travelling. Learned counsel has submitted that the I.O. (PW-1), in his statement recorded before the trial court, has clearly admitted that during the course of investigation, the police has come to the conclusion that all the three accused persons were in possession of one bag containing narcotic contraband poppy straw weighing 32 kgs each. Learned counsel has submitted that from the above piece of evidence of the I.O., it is clear that the petitioners were in possession of narcotic contraband below co
The court has the discretion to grant bail after considering the totality of the facts and circumstances of the case.
Possession of narcotic contraband below commercial quantity can be a basis for granting bail under Section 439 Cr.P.C.
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 after considering the totality of the facts and circumstances of the case.
Granting bail based on the totality of the facts and circumstances of the case.
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.
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....
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.
The court established that the presence of a commercial quantity of narcotics invokes the stringent bail provisions of Section 37 of the NDPS Act, limiting the possibility of bail in such cases.
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.
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