Back
DINESH MEHTA
Kulvindra Singh @ Kindu – 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.243/2022, Police Station Rawla, Distict Sri Ganganagar for the offences under Sections 8/21, 25 & 29 of NDPS Act.
2. Learned counsel for the applicant argued that the applicant has been enroped on the basis of statement of co-accused that too when the quantity of contraband substance (Heroin) involved was 17 gms (below commercial quantity).
3. Informing that the main accused - Sohanlal @ Sonu himself has been enlarged on bail by the Coordinate Bench of this Court vide its order dated 22.09.2022 (SB Criminal Misc. Bail Application No.12469/2022), learned counsel for the applicant submitted that the present applicant is also entitled for such benefit.
4. Opposing the bail application of the applicant, learned Public Prosecutor submitted that one more case of like nature is pending against the applicant and since the applicant is engaged in business of supply of contraband substance his bail application be rejected.
5. Having regard to the facts and circumstances of the case and considering that the main accused - Sohanlal @ Sonu to whom contraban
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'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 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 may grant bail based on the nature of the offense and the circumstances of the case, such as the quantity of contraband and the expected duration of further investigation and trial.
The recovery of contraband below commercial quantity, the grant of bail to a co-accused, filing of charge-sheet, and the expected lengthy trial were key factors influencing the court's decision to gr....
The court ruled that the inapplicability of Section 37 of the NDPS Act due to the contraband being below commercial quantity justified granting bail under Section 439 of the Cr.P.C.
The quantity of the recovered contraband and the absence of similar criminal cases can be considered in granting bail under the NDPS Act.
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 was influenced by the interpretation of the definition of commercial quantity under the NDPS Act in granting bail to the accused petitioner.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
