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MANOJ KUMAR GARG
Heer Singh – Appellant
Versus
Union Of India – Respondent
JUDGMENT
Manoj Kumar Garg, J. - The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.VIII(IO)07/NCB/JZU/2022, Police Station NCB Jodhpur, District Pali, registered for the offences punishable under Sections 8/18, 25 and 29 of the NDPS Act.
2. Learned counsel for the petitioner submits that no recovery has been made from the possession of the petitioner. The petitioner has been implicated in this case with the aid of Section 29 of the NDPS Act. The petitioner is in the judicial custody and the trial of the case will take sufficiently long time. Therefore, the benefit of bail may be granted to the petitioner.
3. Learned Special Public Prosecutor has opposed the bail application and submits that recovered contraband is commercial quantity and there is a call detail report between the present petitioner and the main accused, therefore, the benefit of bail may not be granted to the accused-petitioner.
4. I have considered the arguments advanced before me and gone through the material available on record.
5. Looking to the facts that the recovered contraband is commercial quantity and there i
The court's decision was based on the consideration of the quantity of recovered contraband and the evidence linking the petitioner to the main accused in determining the grant of bail.
The court may 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 may grant bail under Section 439 Cr.P.C. based on the nature of the offence, the quantity of contraband, and the expected duration of the trial.
The quantity of the recovered contraband and the absence of similar criminal cases can be considered in granting bail under the NDPS Act.
The court may grant bail under Section 439 Cr.P.C. based on the nature of the recovered contraband and the expected trial duration.
The court established that in cases involving non-commercial quantities of drugs, the prolonged duration of trial can be a valid ground for granting bail under Section 439 Cr.P.C.
Bail may be granted under Section 439 Cr.P.C. when the contraband involved is below commercial quantity and the trial is anticipated to be prolonged.
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