Madan Das vs State Of Rajasthan - 2022 Supreme(Raj) 1555

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Raj) 1555

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Devendra Kachhawaha, J.
Madan Das – Appellant
Versus
State Of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 4193 of 2022
Decided On : 04-04-2022

Advocates appeared:
S.K. Verma, Advocate, S.S. Rajpurohit, Advocate

Headnote:
Bail Application - NDPS Act - 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 8/20 of the NDPS act. The recovered contraband was below commercial quantity, and the petitioner had been in custody for a significant period with no pending investigation or recovery against him.
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 and the expected lengthy duration of further investigation and trial.
Issues: The main issue was whether the accused-petitioner should be granted bail considering the nature of the offence and the circumstances of the case.
Ratio Decidendi: The court considered the recovery of contraband below commercial quantity and the expected lengthy duration of further investigation and 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 furnishing the required personal bond and sureties.

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.158/2022, Police Station Hanumangarh Town, District Hanumangarh, registered for the offence punishable under Section 8/20 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 - ganja, weighing 6 kgs. and 300 gms. (including plastic bags) have been recovered from the petitioner which is below commercial quantity; petitioner is behind the bars since 14.03.2022; no investigation or recovery is pending against the petitioner; 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 one another case of similar nature is registered 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; 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 - Madan Das S/o Narayan Das, arrested in connection with F.I.R. No.158/2022, 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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