Back
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Madan Gopal Vyas, J.
Dashrath Singh – Appellant
Versus
State of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 2312 of 2022
Decided On : 22-12-2022
Bail Application - NDPS Act - The court rejected the bail application of the petitioner under Section 439 of Cr.P.C. in relation to FIR No.44/2021 lodged at Police Station Chhotisadari, District Pratapgarh for the offences under Sections 8/15 and 29 of the NDPS Act, considering the commercial quantity of the recovered contraband.
Fact of the Case:
The petitioner filed a bail application after being arrested for alleged recovery of contraband based on the confessional statements of co-accused. The Public Prosecutor opposed the bail application citing the commercial quantity of the recovered contraband and the petitioner's involvement in other NDPS Act cases.
Finding of the Court:
The court found that due to the commercial quantity of the recovered contraband and the petitioner's alleged involvement in other NDPS Act cases, it was not a fit case to grant bail to the petitioner. The bail application was rejected, but the trial court was directed to expedite the trial of the case.
Issues: Bail application under Section 439 of Cr.P.C., relevance and admissibility of co-accused statements, commercial quantity of recovered contraband, petitioner's involvement in other NDPS Act cases.
Ratio Decidendi: The court's decision was influenced by the commercial quantity of the recovered contraband and the petitioner's alleged involvement in other NDPS Act cases, leading to the rejection of the bail application.
Final Decision: The bail application filed by the petitioner was rejected, with the direction for the trial court to expedite the trial of the case.
JUDGMENT
Madan Gopal Vyas, J. - The present criminal misc. bail application under Section 439 of Cr.P.C. has been preferred by the petitioner Dashrath Singh against the order dated 3.2.2022 passed by the learned Special Judge, NDPS Act Cases, Pratapgarh in relation to FIR No.44/2021 lodged at Police Station Chhotisadari, District Pratapgarh for the offences under Sections 8/15 and 29 of the NDPS Act.
2. Learned counsel for the petitioner submits that the petitioner has been arrested after one year of the alleged recovery on the basis of the confessional statements of co-accused. It is also submitted that the statement of the co-accused is not only irrelevant but also inadmissible in evidence and therefore, it is prayed that the petitioner may be enlarged on bail.
3. Learned Public Prosecutor opposed the bail application. It is submitted that the total 402 kg and 100 grams of poppy husk, which is in commercial quantity was recovered in the present case and the present petitioner is the supplier of the contraband. It is also submitted that two other cases under the provisions of the NDPS Act have been registered against the petitioner. Therefore, it is prayed that the bail application filed by the petitioner may be rejected.
Heard the learned counsel for the parties and perused the material available on record.
4. Having regard to the facts and circumstances of the case, particularly the fact that the recovered contraband is in commercial quantity, I do not find it to be a fit case to grant bail to the petitioner.
Accordingly, the bail application filed by the petitioner is hereby rejected.
However, the learned trial court is directed to expedite the trial of the case.
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 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 its violation of Section 37 of the NDPS Act were crucial in the court's decision to reject the bail application.
Bail can be granted where quantity of contraband recovered from possession of accused is just above commercial quantity and trial will take time to conclude.
The right to bail in NDPS cases is affirmed, especially when trial delays occur, emphasizing the balance between custody duration and the nature of contraband.
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....
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 court established that in cases involving narcotics, the quantity of contraband and the duration of custody are significant factors in determining bail eligibility.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
