The court may grant bail under Section 439 Cr.P.C. based on the recovery of drugs in below commercial quantity and the expected length of the trial.

Headnote:
NDPS Act - Bail Application - The court granted bail to the accused petitioner under Section 439 Cr.P.C. considering the recovery of Methamphetamine in below commercial quantity and the length of the trial.
Fact of the Case:

The petitioner was arrested for the offence punishable under Sections 8/21 & 8/29 of NDPS act. The recovery of Methamphetamine in below commercial quantity was made from the possession of the co-accused. The trial was expected to take a long time to conclude.
Finding of the Court:

The court, without expressing any opinion on the merits of the case, deemed it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
Issues: Bail application under Section 439 Cr.P.C.
Ratio Decidendi: Considering the recovery of Methamphetamine in below commercial quantity and the expected length of the trial, the court granted bail to the accused petitioner.
Final Decision: The bail application filed under Sec.439 Cr.P.C. was allowed, and the accused petitioner was directed to be released on bail upon executing a personal bond and sureties.

JUDGMENT

Manoj Kumar Garg, J. - The petitioner has been arrested in connection with FIR No.21/2022 of Police Station Sadar Bikaner, Distt. Bikaner for the offence punishable under Sections 8/21 & 8/29 of NDPS act. He has preferred this bail application under Section 439 Cr.P.C.

2. Counsel for the petitioner submits that the recovery was made from the possession of the co-accused Gulfaam and the present petitioner was implicated in this case with the aid of Section 8/29 of NDPS act. He further submits that the FSL report has been received, in which the packet contains Methamphetamine and according to the table of NDPS act at Serial No.159, below commercial quantity of Methamphetamine is upto 50 gram and the recovery was made from the possession of the co-accused Gulfaam is 30 gram MMDa, which comes in below commercial quantity. Challan of the case has already been presented. The accused-petitioner is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.

3. Learned addl. advocate General has opposed the bail application. 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.

4. accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Pawan Bishnoi S/o Rameshwar Lal, shall be released on bail in connection with FIR No.21/2022 of Police Station Sadar Bikaner, Distt. Bikaner provided he executes a personal bond in a sum of Rs.2,00,000/-with two sound and solvent sureties of Rs.1,00,000/- 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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