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MADAN GOPAL VYAS
Udaipal @ Pala – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Madan Gopal Vyas, J. - The present criminal misc. second bail application under Section 439 of Cr.P.C. has been preferred by the petitioner Udaipal @ Pala against the order dated 12.1.2022 passed by the learned Special Judge, NDPS Act Cases, Sriganganagar in relation to FIR No.222/2020 lodged at Police Station Lalgarh Jattan, District Sriganganagar for the offences under Section 8/15 and 29 of the NDPS Act.
2. The first bail application being SB Cr. Misc. Bail Application No.11735/2021 has been dismissed by the coordinate Bench of this Court vide order dated 24.9.2021 as not pressed.
3. Learned counsel for the petitioner submits that the agricultural field from where the contraband article was recovered does not belong to the petitioner. It is also submitted that there is non-compliance of Section 42 of the NDPS Act. Learned counsel for the petitioner further submits that the petitioner is behind the bars since three and half years and therefore, he may be enlarged on bail. In support of his contentions, learned counsel relied upon the following judgments of the Hon’ble Supreme Court and orders of this Court:
(1) Gangadhar @ Gangaram Vs. State of MP (Cr. Appeal No.504/2020), d
The commercial quantity of recovered contraband and the status of the petitioner as a habitual offender are significant factors in determining whether bail should be granted in NDPS Act cases.
The commercial quantity of recovered contraband and the petitioner's alleged involvement in other NDPS Act cases influenced the court's decision to reject the bail application.
The commercial quantity of recovered contraband and its violation of Section 37 of the NDPS Act were crucial in the court's decision to reject the bail application.
The main legal point established in the judgment is that bail under the NDPS Act can only be granted if there are reasonable grounds to believe the accused is not guilty of the offence and not likely....
Provisional liberty can override statutory restrictions on bail under the NDPS Act when trial delays are evident, emphasizing the fundamental right to personal liberty.
The court has the discretion to grant bail based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
The central legal point established in the judgment is the significance of examining each case on its own merits, especially in bail cases, and considering the nature of the offence, the quantity of ....
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