Back
2022 Supreme(Raj) 1384
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Devendra Kachhawaha, J.
Jagdev Singh – Appellant
Versus
State Of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 4302 of 2022
Decided On : 05-04-2022
Important Points
Subject
Criminal Law - Bail Applications
Act Referred
NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT : S.15, S.8
Headnote
NDPS Act - Bail Application - The court granted bail to the accused-petitioner based on the recovery of contraband below commercial quantity and the expected lengthy duration of further investigation and trial.
Fact of the Case:
The accused-petitioner was in judicial custody for the offence punishable under Section 8/15 of the NDPS act due to the recovery of poppy husk/straw below commercial quantity.
Finding of the Court:
The court, without expressing any opinion on the merits/demerits of the case, granted bail to the accused-petitioner considering the recovery of contraband below commercial quantity and the expected lengthy duration of further investigation and trial.
Issues: Bail application under Section 439 Cr.P.C. for the accused-petitioner in connection with F.I.R. No.99/2022, Police Station Taranagar, District Churu.
Ratio Decidendi: The recovery of contraband below commercial quantity and the expected lengthy duration of further investigation and trial influenced the court's decision to grant bail to the accused-petitioner.
Final Decision: The bail application for the accused-petitioner was allowed, and it was ordered that he shall be released on bail upon fulfilling the specified conditions.
Rohit Kaswan, Advocate, S.S. Rajpurohit, Advocate
JUDGMENT
Devendra Kachhawaha, J. - The present 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.99/2022, Police Station Taranagar, District Churu, registered for the offence punishable under Section 8/15 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 as per prosecution, alleged contraband - poppy husk/straw, weighing 5 kgs. have been recovered from the petitioner which is below commercial quantity; as per para 4 of the rejection order, no other case is registered against the petitioner; petitioner is behind the bars since 24.03.2022; further investigation 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.
5. Having regard to the facts and circumstances of the case, particularly looking to the facts that recovered contraband is below commercial quantity; further investigation 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.
6. Consequently, the bail application is allowed. It is ordered that the accused-petitioner - Jagdev Singh S/o Jogendra Singh, arrested in connection with F.I.R. No.99/2022, Police Station Taranagar, District Churu, 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 (one shall be a local surety) 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.
