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.

Headnote:
Bail - NDPS Act - Grant of bail to accused-applicant under Section 439 Cr.P.C.
Fact of the Case:

The applicant filed for bail under Section 439 of the Cr.P.C. in connection with FIR No.215/2022 for offences under Sections 8/22 and 29 of NDPS Act. The applicant was found in possession of 220 tablets of Tramadol weighing 89.54 gms, which is below commercial quantity. The applicant had been in custody for over three months and a charge-sheet had been filed.
Finding of the Court:

The court, considering the quantity of contraband substance and the duration of the applicant's custody, deemed it just and proper to grant bail to the accused-applicant under Section 439 Cr.P.C. The bail application was allowed, and the applicant was ordered to be released on bail upon furnishing a personal bond and sureties.
Issues: The main issue was whether the accused-applicant should be granted bail considering the nature of the offences and the quantity of contraband substance involved.
Ratio Decidendi: The court's decision was influenced by the quantity of contraband substance, the duration of the applicant's custody, and the likelihood of the trial taking sufficient time.
Final Decision: The bail application filed under Section 439 Cr.P.C. was allowed, and the applicant was ordered to be released on bail upon fulfilling certain conditions.

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. Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. The applicant Gagandeep Soni S/o Shri Jogendra arrested in connection with FIR No.215/2022, Police Station Purani Abadi, District Sri Ganganagar shall be released on bail on his furnishing personal bond in the sum of Rs.1,00,000/-and two sureties of Rs.50,000/- each to the satisfaction of the trial Court.

8. Applicant shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.

9. Needless to mention that the above observations made by this Court are on the basis of material so far produced before the Court. These are only prima-facie observations and the same shall however, not come in the way of the trial Court to take independent view of the matter, based on ocular and oral evidence, while finally deciding the case.

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