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.

Headnote:
NDPS Act - Bail Application - The court granted bail to the accused-petitioner based on the recovery of contraband below commercial quantity and the expected lengthy duration of further investigation and trial.
Fact of the Case:

The petitioner filed a bail application under Section 439 Cr.P.C. in connection with an NDPS Act case where contraband was recovered from his possession.
Finding of the Court:

The court granted bail to the accused-petitioner considering the recovered contraband below commercial quantity and the expected lengthy duration of further investigation and trial.
Issues: Bail application under Section 439 Cr.P.C. for an NDPS Act case involving contraband below commercial quantity and multiple cases against the accused-petitioner.
Ratio Decidendi: The recovery of contraband below commercial quantity and the expected lengthy duration of further investigation and trial influenced the court's decision to grant bail.
Final Decision: The bail application of the accused-petitioner was allowed, and he was ordered to be released on bail upon fulfilling the specified conditions.

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.19/2022, Police Station Talwara, District Hanumangarh, registered for the offence punishable under Section 8/21 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 - smack (chitta) weighing 20 gms. have been recovered from the possession of the petitioner; recovered contraband is below commercial quantity; no investigation or recovery is pending against the petitioner; further investigation and trial will take time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the accused-petitioner.

4. Per contra, learned Public Prosecutor has opposed the bail application of the accused-petitioner and stated that three other cases have been registered against the accused-petitioner out of which, one case is of identical nature.

5. Having regard to the facts and circumstances of the case, particularly looking to the facts that recovered contraband is below commercial quantity; further investigation and trial will take sufficiently long time, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

6. Consequently, the bail application is allowed. It is ordered that the accused-petitioner - angrez Singh @ Gaiju S/o Tara Singh, arrested in connection with F.I.R. No.19/2022, Police Station Talwara, District Hanumangarh, shall be released on bail, if not wanted in any other case; provided he furnishes a personal bond of Rs.1,00,000/- (Rupees One Lac Only) and two sound and solvent sureties of Rs.50,000/- (Rupees Fifty Thousand Only) each to the satisfaction of the learned trial Court for his appearance before that Court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

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