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MADAN GOPAL VYAS
Manphool – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Madan Gopal Vyas, J. - The present criminal misc. bail application under Section 439 of Cr.P.C. has been preferred by the petitioner Manphool against the order dated 11.6.2021 passed by the learned Addl. Sessions Judge, Suratgarh, District Sriganganagar in relation to FIR No.217/2020 lodged at Police Station Suratgarh Sadar, District Sriganganagar for the offences under Section 8/22 and 29 of the NDPS Act.
2. Learned counsel for the petitioner submits that the co-accused Happy Singh has already been enlarged on bail by the coordinate Bench of this Court vide order dated 26.7.2021. The alleged contraband article was recovered from the co-accused Sajan Ram. It is also submitted that the petitioner is behind the bars since more than two years, therefore, he may be enlarged on bail.
3. Learned Public Prosecutor opposed the bail application and submitted that the recovered contraband is in commercial quantity. The present accused-petitioner ran away from the spot. It is also submitted that the contraband was recovered from co-accused Sajan Ram, whose bail application has been rejected by this Court vide order dated 20.1.2022. Thus, it is prayed that the bail application filed by t
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 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 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 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 court's decision to grant bail was based on the assessment of the quantity of contraband substance, the duration of the applicant's custody, and the likelihood of the trial taking sufficient time....
The court has the discretion to grant bail under Section 439 Cr.P.C 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 the quantity of contraband below the commercial threshold can be a significant factor in granting bail under the NDPS Act, particularly when the restrictions of Section 37 ....
The court has the discretion to grant bail under Section 439 Cr.P.C based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
The court can relax bail provisions under Section 37 of the NDPS Act for first-time offenders even if the quantity is above the commercial threshold, considering procedural deficiencies.
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