Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Raj) 1825

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
Narendra Singh Dhaddha, J.
Mohd. Tahir @ Bhuru – Appellant
Versus
State Of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 18656/2021
Decided On : 24-01-2022

Advocates appeared:
Mr. Samarth Sharma (Through Vc), for the Appellant
Mr. Chandragupt Chopra, Pp., for the Respondent.

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.

Headnote:
NDPS Act - Bail Application - The court granted bail to the accused petitioner based on the argument that the contraband articles recovered from the petitioner were below the commercial quantity as defined in Section 2 (vii-a) of the NDPS Act.
Fact of the Case:

The petitioner was arrested in connection with an offense under the NDPS Act and had been in custody since a specific date. The chargesheet had been filed against the petitioner.
Finding of the Court:

The court granted bail to the petitioner, considering the contentions put forth by the petitioner's counsel and the facts and circumstances of the case, without expressing any opinion on the merits of the case.
Issues: Bail application under Section 439 Cr.P.C.
Ratio Decidendi: The court deemed it just and proper to enlarge the petitioner on bail based on the argument that the contraband articles recovered from the petitioner were below the commercial quantity as defined in Section 2 (vii-a) of the NDPS Act.
Final Decision: The bail application under Section 439 Cr.P.C. was allowed, and the accused-petitioner was ordered to be enlarged on bail upon furnishing a personal bond and sureties.

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 it just and proper to enlarge the petitioner on bail.

5. Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Mohd. Tahir @ Bhuru S/o Mohd. Shabir shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.

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