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MANOJ KUMAR GARG
Chenaram – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
Manoj Kumar Garg, J. - The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with F.I.R. No.42/2022, Police Station Khinvsar, District Nagaur, for the offences punishable under Sections 8/16, 8/18 of N.D.P.S. act.
2. Learned counsel for the petitioner submits that about 1120 opium plants have been recovered from the possession of the petitioner. Counsel further submits that the case of present petitioner falls under Section 18 (C) of N.D.P.S. act, where the punishment can be awarded to the accused up to 10 years and therefore, Section 37 of the N.D.P.S. act is not applicable. No other criminal case has been registered against the petitioner. The petitioner in judicial custody and the trial of the case will take sufficient long time. Therefore, the benefit of bail should be granted to the accused-petitioner.
3. Learned Public Prosecutor has opposed the bail application.
4. I have considered the arguments advanced before me and gone through the material available on record.
5. Taking into account the facts and circumstances of the case, without commenting on the merits of the case, this Court deems it just and proper
The court's discretion to grant bail under Section 439 Cr.P.C. based on the facts and circumstances of the case.
The court has the discretion to grant bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case.
The court may grant bail under Section 439 Cr.P.C. based on the nature of the offence, the quantity of contraband, and the expected duration of the trial.
The interpretation of the maximum punishment for possessing opium plants under the NDPS Act and the precedent set by the orders passed by co-ordinate Bench(s) of the Court in identical matters influe....
The court may grant bail under Section 439 Cr.P.C. considering the quantity of recovered contraband and the expected duration of the trial.
The court considered the lengthy trial process and absence of other pending cases in granting bail to the accused-petitioner for the offense under the NDPS act.
The court established that in cases involving non-commercial quantities of drugs, the prolonged duration of trial can be a valid ground for granting bail under Section 439 Cr.P.C.
The quantity of the recovered contraband and the absence of similar criminal cases can be considered in granting bail under the NDPS Act.
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