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DEVENDRA KACHHAWAHA
Deepak Kumar – Appellant
Versus
State – Respondent
JUDGMENT
Devendra Kachhawaha, J. - Copy of FIR submitted by the learned counsel for the petitioner on 29.03.2022, therefore, defects pointed out by Registry is overruled.
2. 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. 86/2022, Police Station Kotwali, District Jaisalmer, registered for the offence under Section 8/22 of the NDPS act.
3. Learned counsel appearing for the petitioner stated that it is alleged, as per the prosecution that 630 tablets of Tramadol weighing 173.25 grams has been recovered from the accused-petitioner, which is below commercial quantity; the accused-petitioner is behind the bars since 08.03.2022; and that the trial will take time, therefore, benefit of bail may be granted to the present accused-petitioner.
4. On the contrary, learned Public Prosecutor opposed the bail application of the accused-petitioner.
5. Heard and considered the arguments advanced by the learned counsel appearing for the petitioner as well as learned Public Prosecutor. Perused the material available on record.
6. Having regard to the facts and circumstances of the case, particularly
The court considered the nature of the recovered substance, the absence of other pending cases against the accused-petitioner, and the expected duration of the trial in granting bail under Section 43....
The court's decision to grant bail was based on the assessment of the quantity of contraband substance, the duration of the applicant's custody, and the likelihood of the trial taking sufficient time....
The court established that the quantity of contraband below the commercial threshold can be a significant factor in granting bail under the NDPS Act, particularly when the restrictions of Section 37 ....
The court may grant bail based on the nature of the offense and the circumstances of the case, such as the quantity of contraband and the expected duration of further investigation and trial.
The court considered the total weight of the recovered narcotic substances and poppy straw, which was below commercial quantity, in granting bail to the accused petitioner.
The recovery of a commercial quantity of drugs and cash from the accused's custody can be a significant factor in the court's decision to grant or deny bail under the NDPS Act.
The decision emphasized that the question of sample collection should be addressed by the trial court after considering the evidence, and this was the basis for rejecting the bail application.
The court established that in cases involving the NDPS Act, factors such as the quantity of contraband, duration of custody, and absence of prior offences can significantly influence the decision to ....
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