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MANOJ KUMAR GARG
Rampal – Appellant
Versus
State – Respondent
JUDGMENT
Manoj Kumar Garg, J. - The petitioner has been arrested in connection with FIR No.19/2022 of Police Station Bhawanda, District Nagaur for the offences punishable under Sections 8/16 & 8/18 of NDPS act. He has preferred this bail application under Section 439 Cr.P.C. Counsel for the petitioner submits that about 300 opium plants have been recovered from the possession of the petitioner. Counsel further submits that the case of the present petitioner falls under Section 18(C) of the NDPS act where the punishment can be awarded to the accused up to 10 years and therefore, Section 37 of the NDPS act is not applicable. The accused-petitioner is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.
2. Learned Public Prosecutor vehemently opposed the bail application.
3. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
4. accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and
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's discretion to grant bail under Section 439 Cr.P.C. based on the facts and circumstances of the case.
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. based on the recovery of drugs in below commercial quantity and the expected length of the trial.
The quantity of the recovered contraband and the absence of similar criminal cases can be considered in granting bail under the NDPS Act.
The benefit of doubt has to go to the accused at the bail stage, considering the precedent law cited and the lack of necessary assistance.
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.
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