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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Manoj Kumar Garg, J.
Amar Chand – Appellant
Versus
State of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 2 of 2023
Decided On : 03-01-2023
Bail Application - NDPS Act - The court granted bail to the accused-petitioner under Section 439 Cr.P.C. considering the recovered contraband to be below commercial quantity and the likelihood of a lengthy trial.
Fact of the Case:
The petitioner filed a bail application under Section 439 Cr.P.C. after being arrested for an offence under Section 8/15 of the NDPS Act.
Finding of the Court:
The court, without commenting on the merits of the case, deemed it just and proper to release the petitioner on bail, considering the facts and circumstances.
Issues: The main issue was whether the accused-petitioner should be granted bail despite the opposition from the learned Public Prosecutor.
Ratio Decidendi: The court considered the recovered contraband to be below commercial quantity and the likelihood of a lengthy trial as grounds for granting bail.
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.
JUDGMENT
Manoj Kumar Garg, J. - The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with F.I.R. No.204/2022 Police Station Sadari, District Pali for the offence punishable under Section 8/15 of the NDPS Act.
2. Learned counsel for the petitioner submits that recovered contraband is below commercial quantity. The petitioner is in the judicial custody and the trial of the case will take sufficiently long time. Therefore, the benefit of bail may be granted to the accused-petitioner.
Learned Public Prosecutor has opposed the bail application.
3. I have considered the arguments advanced before me and gone through the material available on record.
4. Taking into account the facts and circumstances of the case, without commenting on the merits of the case, this Court deems it just and proper to release 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 - Amar Chand S/o Shri Lakha Lal Banjara, shall be enlarged on bail in F.I.R. No.204/2022 Police Station Sadari, District Pali provided he furnishes a personal bond in the sum of Rs.2,00,000/- with two sureties of Rs.1,00,000/- each to the satisfaction of 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.
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. considering the quantity of recovered contraband and the expected duration of the trial.
Bail may be granted under Section 439 Cr.P.C. when the contraband involved is below commercial quantity and the trial is anticipated to be prolonged.
The court established that in cases involving non-commercial quantities of drugs, the prolonged duration of trial can be a valid ground for granting bail under Section 439 Cr.P.C.
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 under Section 439 Cr.P.C. based on the nature of the recovered contraband and the expected trial duration.
The court has the discretion to grant bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances, without expressing any opinion on the merits of the case.
The court considered the nature of the recovered contraband and the expected trial duration in granting bail to the accused petitioner under Section 439 Cr.P.C.
The court's decision was based on the consideration of the quantity of recovered contraband and the evidence linking the petitioner to the main accused in determining the grant of bail.
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