Back
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Madan Gopal Vyas, J.
Manphool – Appellant
Versus
State of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 9019 of 2021
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. due to the commercial quantity of the recovered contraband, which was in violation of Section 37 of the NDPS Act.
Fact of the Case:
The petitioner filed a bail application under Section 439 of Cr.P.C. in relation to FIR No.217/2020 for offences under Section 8/22 and 29 of the NDPS Act. The recovered contraband was in commercial quantity.
Finding of the Court:
The court found that due to the commercial quantity of the recovered contraband, which was in violation of Section 37 of the NDPS Act, it was not a fit case to grant bail to the petitioner.
Issues: The main issue was whether the petitioner should be granted bail considering the commercial quantity of the recovered contraband and the provisions of the NDPS Act.
Ratio Decidendi: The court's decision was influenced by the fact that the recovered contraband was in commercial quantity and fell under the provisions of Section 37 of the NDPS Act.
Final Decision: The bail application filed by the petitioner was rejected, and the trial court was directed 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 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 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 190 strips of Tramadol Hydrochloride Sustained Release Tablets IP 100 mg TRINT SR having 1900 Tables weighing 570 grams, which is in commercial quantity and hit by the provisions of Section 37 of the NDPS , 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.
The learned trial court is directed to expedite the trial of the case.
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.
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
