The quantity of the recovered contraband and the absence of similar criminal cases can be considered in granting bail under the NDPS Act.

Headnote:
Bail Application - NDPS Act - The court granted bail to the accused-petitioners under Section 439 Cr.P.C. considering the recovered contraband to be below commercial quantity and no other criminal case of similar nature registered against the petitioners.
Fact of the Case:

The accused-petitioners were arrested in connection with an NDPS Act offence. The recovered contraband was below commercial quantity, and no other similar criminal case was registered against the petitioners.
Finding of the Court:

The court, without commenting on the merits of the case, deemed it just and proper to release the petitioners on bail.
Issues:
Ratio Decidendi: The court considered the quantity of the recovered contraband and the absence of similar criminal cases as factors in granting bail.
Final Decision: The bail application under Section 439 Cr.P.C. was allowed, and the accused-petitioners were ordered to be enlarged on bail upon furnishing a personal bond and sureties.

JUDGMENT

Manoj Kumar Garg, J. - The present bail application has been filed under Section 439 Cr.P.C. The petitioners have been arrested in connection with FIR No.199/2022, Police Station Pratapnagar, Distt. Bhilwara for the offence under Section 8/18 of NDPS act.

2. Learned counsel for the petitioners submits that the recovered contraband is below the commercial quantity. Learned counsel further submits that no other criminal case of similar nature has been registered against the petitioners. The petitioners are 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-petitioners.

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 to release the petitioners on bail.

6. accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioners (1) Sampat Kumar Vaishnav S/o Kalyandas Vaishanv, (2) Tejpal Kumawat S/o Shambhulal Kumawat and (3) Prakash Kumawat S/o Devilal Kumawat shall be enlarged on bail in FIR No.199/2022, Police Station Pratapnagar, Distt. Bhilwara provided each of them furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for their appearance before the court concerned on all the dates of hearing as and when called upon to do so.

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