The recovery of contraband below commercial quantity and the prolonged detention of the accused-petitioner were key factors in granting bail.

Headnote:
NDPS Act - Bail Application - The court granted bail to the accused-petitioner based on the recovery of contraband below commercial quantity, the filing of the charge-sheet, the petitioner's prolonged detention, and the grant of bail to a co-accused.
Fact of the Case:

The petitioner filed a second bail application under Section 439 Cr.P.C. in connection with an NDPS Act case. The contraband recovered from the petitioner was below commercial quantity, and the petitioner had been in custody since 24.01.2022.
Finding of the Court:

The court, without expressing any opinion on the merits of the case, granted bail to the accused-petitioner considering the recovery of contraband below commercial quantity, the filing of the charge-sheet, the petitioner's prolonged detention, and the grant of bail to a co-accused.
Issues: The main issue was whether the accused-petitioner should be granted bail despite facing multiple cases and the opposition by the Public Prosecutor.
Ratio Decidendi: The court decided to grant bail based on the recovery of contraband below commercial quantity, the filing of the charge-sheet, the petitioner's prolonged detention, and the grant of bail to a co-accused.
Final Decision: The second bail application was allowed, and the accused-petitioner was ordered to be released on bail upon fulfilling the specified conditions.

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.48/2022, Police Station Kotwali, District Banswara, registered for the offence punishable under Section 8/21 of the NDPS act.

2. Heard and considered arguments advanced by learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

3. Learned counsel for the petitioner stated that at the time of rejection of first bail application (No.1902/2022) by this Court vide order dated 17.02.2022, liberty was granted to the petitioner to file a fresh bail application after filing of the charge-sheet; now, charge-sheet has been filed; as per prosecution, alleged contraband - brown sugar, weighing 7 gms. has been recovered from the petitioner which is below commercial quantity; petitioner is a handicapped person; petitioner is behind the bars since 24.01.2022; benefit of bail has been granted to co-accused Imran; and trial will take time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the accused-petitioner.

4. Per contra, learned Public Prosecutor has opposed the bail application of the accused-petitioner and stated that twenty other cases have been registered against the accused-petitioner.

5. In reply, learned counsel for the petitioner stated that out of the previously registered cases, petitioner has been acquitted in ten cases and convicted in four cases only for petty offences and meager fine.

6. Having regard to the facts and circumstances of the case, particularly looking to the facts that recovered contraband is below commercial quantity; charge-sheet has been filed; petitioner is behind the bars since 24.01.2022; benefit of bail has been granted to co-accused Imran by co-ordinate Bench of this Court vide order dated 16.03.2022 (Bail application No.3752/2022); and trial of the case will take sufficiently long time, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

7. Consequently, the second bail application is allowed. It is ordered that the accused-petitioner - amjad S/o abdul Karim, arrested in connection with F.I.R. No.48/2022, Police Station Kotwali, District Banswara, shall be released on bail, if not wanted in any other case; provided he furnishes a personal bond of Rs.1,00,000/- (Rupees One Lac Only) and two sound and solvent sureties of Rs.50,000/- (Rupees Fifty Thousand Only) each to the satisfaction of the 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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