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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Dinesh Mehta, J.
Kulvindra Singh @ Kindu – Appellant
Versus
State of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 14699 of 2022
Decided On : 05-12-2022
Bail - NDPS Act - Grant of bail to accused based on quantity of contraband substance and comparison with co-accused - 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 an NDPS Act case involving contraband substance (Heroin) below commercial quantity. The main accused had already been granted bail by the Coordinate Bench of the Court.
Finding of the Court:
The Court found that the applicant, based on the quantity of contraband substance and comparison with the main accused, was entitled to bail under Section 439 Cr.P.C.
Issues: The issues involved the quantity of contraband substance, comparison with the main accused, and the pending case against the applicant.
Ratio Decidendi: The Court considered the quantity of contraband substance, the bail granted to the main accused, and the nature of the pending case to grant bail to the applicant.
Final Decision: The bail application filed under Section 439 Cr.P.C. was allowed, and the applicant was granted bail on furnishing personal bond and sureties.
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 contraband substance has been recovered has been enlarged on bail by the Coordinate Bench of this Court and also considering the fact that in other case in which applicant has been made accused is also of below commercial quantity (2.20 gms), I deem it just and proper to grant bail to the accused-applicant under Section 439 Cr.P.C.
6. Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. The applicant Kulvindra Singh @ Kindu S/o Chiman Singh arrested in connection with FIR No.243/2022, Police Station Rawla, 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.
7. Applicant shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.
8. 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.
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.
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