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2022 Supreme(Raj) 1326
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Devendra Kachhawaha, J.
Bhupendra – Appellant
Versus
State Of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 1654 of 2022
Decided On : 22-03-2022
Important Points
Subject
Criminal Law - Bail Application under NDPS Act
Act Referred
NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT : S.21, S.29, S.8
Headnote
NDPS Act - Bail Application - The court granted bail to the accused-petitioner based on the fact that the recovered contraband was below commercial quantity and considering that further investigation and trial would take a 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 NDPS case involving the recovery of contraband.
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 circumstances that the recovered contraband was below commercial quantity and that further investigation and trial would take a long time.
Issues: The main issue was whether the accused-petitioner should be granted bail considering the nature of the offense and the circumstances of the case.
Ratio Decidendi: The court considered the fact that the recovered contraband was below commercial quantity and that further investigation and trial would take a long time 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 a personal bond and sureties to the satisfaction of the trial Court.
Himmat Jagga, Advocate, Arun Kumar, Advocate
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.21/2022, Police Station Bhirani, District Hanumangarh, registered for the offence punishable under Sections 8/21 and 29 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 - chitta (heroin) weighing 27 gms. have been recovered from the petitioner which is below commercial quantity; as per para 4 of the Rejection Order, no other case is registered against the petitioner; no investigation or recovery is pending against the petitioner; and trial will take time.
4. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the accused-petitioner.
5. Per contra, learned Public Prosecutor has opposed the bail application of the accused-petitioner.
6. 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 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 is allowed. It is ordered that the accused-petitioner - Bhupendra S/o Shri Mahaveer Prasad, arrested in connection with F.I.R. No.21/2022, Police Station Bhirani, 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.
