The court considered the absence of recovery from the accused petitioners' possession and the filing of the challan as justifying the grant of bail under Section 439 Cr.P.C. without expressing any opinion on the merits of the case.

JUDGMENT

Rameshwar Vyas, J. - These bail applications have been filed under Section 439 Cr.P.C. by the petitioners for grant of regular bail in connection with FIR No. 630/2021 registered at Police Station Hanumangarh Town, District Hanumangarh for offences punishable under Section 8/21 of Narcotic Drugs and Psychotropic Substances act, 1985.

2. Heard learned counsel for the parties and perused the material available on record.

3. Learned counsel for the petitioners submits that recovery has not been made from the possession of the petitioners. Co-accused Kamaldeep from whose possession 30 grams of Smack has been recovered, which is below commercial quantity, has already been enlarged on bail. after investigation, challan has been filed. Present petitioners are accused under Section 8/21 read with Section 29 of NDPS act.

4. Learned Public Prosecutor has opposed the bail application. as per his contention, against petitioner Buta Singh one case under the provisions of NDPS act is pending, whereas against accused petitioner amandeep Singh @ amana three cases under the provisions of NDPS act are pending.

5. Having regard to the rival contentions of the learned counsel for the parties and material available on record, in the facts and circumstances of the case, particularly the fact that challan has been filed, without expressing any opinion on merits of the case, this Court deems it just and proper to enlarge the accused-petitioners on bail under Section 439 Cr.P.C.

6. accordingly, both the bail applications under Section 439 Cr.P.C. are allowed. It is ordered that the petitioners (1) Buta Singh S/o Baldev Singh; (2) amandeep Singh @ amana S/o Baldev Singh, who are in custody in connection with FIR No. 630/2021 registered at Police Station Hanumangarh Town, Hanumangarh, shall be released on bail provided they shall execute personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) each with two sound & solvent sureties of Rs.50,000/- each, to the satisfaction of learned trial court for their appearance before that court on each & every date of hearing and whenever called upon to do so.