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NARENDRA SINGH DHADDHA
Mohd. Tahir @ Bhuru – Appellant
Versus
State Of Rajasthan – Respondent
ORDER
1. The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.397/2021 Registered at Police Station Gumanpura, Kota City for the offence(s) under Section 8/20 NDPS Act.
2. Counsel for the petitioner submits that the petitioner has been wrongly implicated in this case. Petitioner is behind the bars since 17.09.2021. Chargesheet has been filed against the petitioner. Learned counsel for the petitioner also submits that as per Section 2 (vii-a) of NDPS Act, commercial quantity means any quantity greater than the quantity specified by the Central Government by notification in the Official Gazette. Therefore, as per definition, the commercial quantity would be above 1 KG. Learned counsel for the petitioner submits that contraband articles recovered from the petitioner is below the commercial quantity. Conclusion of trial may take long time.
3. Learned Public Prosecutor has opposed the bail application.
4. Considering the contentions put-forth by the counsel for the petitioner and taking into account the facts and circumstances of the case and without expressing any opinion on the merits of the case, this court deems
The court's decision was influenced by the interpretation of the definition of commercial quantity under the NDPS Act in granting bail to the accused petitioner.
The quantity of the recovered contraband and the absence of similar criminal cases can be considered in granting bail under the NDPS Act.
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 court granted bail under Section 439 Cr.P.C. based on the release of a co-accused and absence of apprehension of the petitioner fleeing justice.
The court may grant bail under Section 439 Cr.P.C. based on the nature of the offence, the quantity of contraband, and the expected duration of the trial.
The court may grant bail under Section 439 Cr.P.C. based on the nature of the recovered contraband and the expected trial duration.
The court established that recovery of contraband below commercial quantity can justify bail, even in cases of joint possession.
The court may grant bail under Section 439 Cr.P.C. considering the quantity of recovered contraband and the expected duration of the trial.
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