The recovery of contraband below commercial quantity, the grant of bail to a co-accused, filing of charge-sheet, and the expected lengthy trial were key factors influencing the court's decision to grant bail to the accused-petitioner.

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

The accused-petitioner filed a bail application under Section 439 Cr.P.C. in connection with an NDPS act case where contraband was recovered from the co-accused. The prosecution stated that the recovered contraband was below commercial quantity, and the trial would take time.
Finding of the Court:

The court, without expressing any opinion on the merits/demerits of the case, granted bail to the accused-petitioner based on the recovery of contraband below commercial quantity, the grant of bail to a co-accused, filing of charge-sheet, and the expected lengthy trial.
Issues: The main issue was whether the accused-petitioner should be granted bail in connection with an NDPS act case where contraband was recovered below commercial quantity and the trial was expected to be lengthy.
Ratio Decidendi: The court considered the recovery of contraband below commercial quantity, the grant of bail to a co-accused, filing of charge-sheet, and the expected lengthy trial as the basis for granting bail to the accused-petitioner.
Final Decision: The bail application of the accused-petitioner was allowed, and it was ordered that he shall be released on bail upon fulfilling certain conditions.

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.23/2022, Police Station Hanumangarh Town, District Hanumangarh, 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 as per prosecution, alleged contraband - heroin, weighing 10 gms. have been recovered from the co-accused Mohammad Sarvar @ Jhalad who has been granted benefit of bail; recovered contraband is below commercial quantity; charge-sheet in regard to the petitioner has been filed; 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 two other case of NDPS act are registered and pending against 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; benefit of bail has been granted by this Court to co-accused Mohammad Sarvar @ Jhalad vide order dated 05.02.2022 (Bail application No.1685/2022); charge-sheet has been filed; 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 - Balwant Singh @ Banta Singh S/o Shri Bhagat Singh, arrested in connection with F.I.R. No.23/2022, Police Station Hanumangarh Town, District Hanumangarh, 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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