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.

Headnote:
Bail Application - NDPS Act - The court dismissed the bail application under Section 439 Cr.P.C. on the grounds that the recovered contraband is of commercial quantity and there is a call detail report between the petitioner and the main accused, thus no case for bail is made out.
Fact of the Case:

The petitioner filed a bail application under Section 439 Cr.P.C. as he was in judicial custody in connection with an F.I.R. for offences under the NDPS Act. The petitioner argued that no recovery was made from his possession and that the trial would take a long time.
Finding of the Court:

The court considered the arguments and material on record and found that the recovered contraband was of commercial quantity and there was a call detail report between the petitioner and the main accused. Consequently, the bail application was dismissed.
Issues: The main issue was whether the petitioner should be granted bail despite the recovery of commercial quantity contraband and the call detail report linking him to the main accused.
Ratio Decidendi: The court's decision was influenced by the fact that the recovered contraband was of commercial quantity and there was evidence linking the petitioner to the main accused, leading to the conclusion that no case for bail was made out.
Final Decision: The court dismissed the bail application, thereby denying bail to the petitioner.

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 is a call detail report between the present petitioner and the main accused, therefore, no case is made out for grant of bail to the petitioner.

6. Hence, the instant bail application is hereby dismissed.

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