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DEVENDRA KACHHAWAHA
Bhupendra – Appellant
Versus
State Of Rajasthan – Respondent
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 recovere
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 recovery of contraband below commercial quantity, the grant of bail to a co-accused, filing of charge-sheet, and the expected lengthy trial were key factors influencing the court's decision to gr....
The recovery of contraband below commercial quantity and the expected lengthy duration of further investigation and trial are significant factors in considering bail applications under the NDPS Act.
The court established that in cases involving narcotics, the quantity of contraband and the duration of custody are significant factors in determining bail eligibility.
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 ....
The recovery of contraband below commercial quantity and the expected lengthy duration of further investigation and trial are significant factors in considering bail applications under the NDPS Act.
The court established that in cases involving the NDPS Act, the quantity of contraband, duration of custody, and absence of pending investigations are significant factors in determining bail eligibil....
The court established that the quantity of contraband and the status of co-accused are critical factors in determining bail eligibility under the NDPS Act.
The recovery of contraband below commercial quantity and the prolonged detention of the accused-petitioner were key factors in granting bail.
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