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DINESH MEHTA
Gagandeep Soni – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Dinesh Mehta, J. - This application for bail has been filed by the applicant under Section 439 of the Cr.P.C. in connection with FIR No.215/2022, Police Station Purani Abadi, District Sri Ganganagar for the offences under Sections 8/22 and 29 of NDPS Act.
2. Learned counsel for the applicant submitted that 220 tablets of Tramadol weighing 89.54 gms were recovered from the applicant’s possession and such quantity is below commercial quantity.
3. Learned counsel submitted that the applicant is behind the bars since 03.09.2022 and charge-sheet has been filed.
4. While submitting that the trial of the case is likely to take sufficient time, learned counsel prayed that applicant be enlarged on bail.
5. Learned Public Prosecutor vehemently opposed the bail application and submitted that one more case of like nature is pending against the applicant and thus, his application be not allowed.
6. Having regard to the facts and circumstances of the case and considering the quantity of contraband substance and considering the fact that the applicant is behind the bars for more than three months, I deem it just and proper to grant bail to the accused-applicant under Section 439 Cr.P.C.
7. Cons
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 considered the nature of the recovered substance, the absence of other pending cases against the accused-petitioner, and the expected duration of the trial in granting bail under Section 43....
The quantity of contraband substance and comparison with co-accused can be considered in granting bail under Section 439 Cr.P.C. in NDPS Act cases.
The decision to grant bail was based on the lack of incriminating evidence against the accused-applicant and the principle of parity with the main accused who had been enlarged on bail.
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 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 court's decision to grant bail was based on the specific circumstances of the case, including the quantity of contraband recovered and the filing of the charge-sheet.
The main legal point established in the judgment is the strict compliance required for bail under the NDPS Act, emphasizing the need for 'reasonable grounds' to believe that the accused is not guilty....
The decision emphasized that the question of sample collection should be addressed by the trial court after considering the evidence, and this was the basis for rejecting the bail application.
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