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.

Headnote:
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 lengthy trial process.
Fact of the Case:

The petitioner filed a second bail application under Section 439 Cr.P.C. after being arrested for an offence under Section 8/21 of NDPS Act. The first bail application was dismissed with liberty to file a fresh bail application after filing of the challan.
Finding of the Court:

The court, without expressing any opinion on the merits of the case, granted bail to the accused petitioner under Section 439 Cr.P.C. considering the totality of the facts and circumstances.
Issues: The issue was whether bail should be granted to the accused petitioner who was in judicial custody for an offence under the NDPS Act.
Ratio Decidendi: The court deemed it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C. based on the recovered contraband being below commercial quantity and the expected lengthy trial duration.
Final Decision: The second bail application filed under Sec.439 Cr.P.C. was allowed, and the accused petitioner was directed to be released on bail upon fulfilling certain conditions.

JUDGMENT

Manoj Kumar Garg, J. - The Second bail application has filed by the petitioner under 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.606/2022 of Police Station Hanumangarh Town, District Hanumangarh, for the offence punishable under Section 8/21 of NDPS Act.

2. The first bail application was dismissed as not pressed vide order dated 14.10.2022 by this Court with liberty to file a fresh bail application after filing of the challan.

3. Learned counsel for the petitioner submits that the recovered contraband is below commercial quantity and now challan of the case has already been presented. The accused-petitioner is in judicial custody since 19.09.2022 and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner

Learned Public Prosecutor has opposed the bail application.

4. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

5. Accordingly, the second bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Amritpal Kaur D/o Jaswant Singh, shall be released on bail in connection with FIR No.606/2022 of Police Station Hanumangarh Town, District Hanumangarh provided she executes a personal bond in a sum of Rs.2,00,000/- with two sound and solvent sureties of Rs.1,00,000/- each to the satisfaction of learned trial court for her appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

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