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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Devendra Kachhawaha, J.
Deepak Kumar – Appellant
Versus
State – Respondent
S.B. Criminal Miscellaneous Bail Application No. 3891 of 2022
Decided On : 30-03-2022
Bail Application - NDPS Act - The court allowed the bail application filed under Section 439 Cr.P.C. on the grounds that the recovered contraband substance was below commercial quantity, no other case was pending against the accused-petitioner, and the trial would take a sufficiently long time.
Fact of the Case:
The petitioner filed a bail application under Section 439 Cr.P.C. as he was in judicial custody in connection with an F.I.R. registered for the offence under Section 8/22 of the NDPS act. The prosecution alleged the recovery of 630 tablets of Tramadol weighing 173.25 grams from the accused-petitioner, who had been in custody since 08.03.2022.
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 facts that the recovered contraband substance was below commercial quantity, no other case was pending against the accused-petitioner, and the trial would take a sufficiently long time.
Issues: The main issue was whether the accused-petitioner should be granted bail considering the nature of the offence, the quantity of the recovered substance, and the duration of the trial.
Ratio Decidendi: The court's decision was influenced by the fact that the recovered contraband substance was below commercial quantity, no other case was pending against the accused-petitioner, and the trial would take a sufficiently long time.
Final Decision: The bail application filed under Section 439 Cr.P.C. was allowed, and the accused-petitioner was ordered to be released on bail upon furnishing the specified bonds.
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 to the facts that the recovered contraband substance is below commercial quantity; that no other case is pending against the accused-petitioner; and that the trial 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 bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner, deepak Kumar S/o Shri Kewal Chand, arrested in connection with F.I.R. No. 86/2022, Police Station Kotwali, District Jaisalmer, shall be released on bail provided he furnishes a personal bond of Rs.1,00,000/- and two sound and solvent surety bonds of Rs.50,000/- each to the satisfaction of the learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.
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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.
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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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