Back
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Manoj Kumar Garg, J.
Paras – Appellant
Versus
State of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 12341 of 2022
Decided On : 02-12-2022
Bail Application - NDPS Act - The court granted bail to the accused-petitioner under Section 439 Cr.P.C. considering the recovered contraband to be below commercial quantity and the expected lengthy trial.
Fact of the Case:
The petitioner was arrested for an offence under the NDPS Act and sought bail citing the recovered contraband to be below commercial quantity and the expected lengthy trial.
Finding of the Court:
The court, without commenting on the merits of the case, deemed it just and proper to release the petitioner on bail.
Issues: Bail application under Section 439 Cr.P.C.
Ratio Decidendi: The court considered the recovered contraband to be below commercial quantity and the expected lengthy trial as grounds for granting bail.
Final Decision: The bail application under Section 439 Cr.P.C. was allowed, and the accused-petitioner was ordered to be enlarged on bail upon furnishing a personal bond and sureties.
JUDGMENT
Manoj Kumar Garg, J. - The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.154/2022 Police Station Kotwali, District Barmer for the offence punishable under Sections 8/22, 29 of the NDPS Act.
2. Learned counsel for the petitioner submits that recovered contraband is below commercial quantity. Challan of the case has already been presented. The petitioner is in the judicial custody since 07.09.2022 and the trial of the case will take sufficiently long time. Therefore, the benefit of bail may be granted to the accused-petitioner.
3. Learned Public Prosecutor has opposed the bail application.
4. I have considered the arguments advanced before me and gone through the material available on record.
5. Taking into account the facts and circumstances of the case, without commenting on the merits of the case, this Court deems it just and proper to release the petitioner on bail.
6. Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner -Paras S/o Sh. Jasraj, shall be enlarged on bail in FIR No.154/2022 Police Station Kotwali, District Barmer provided he furnishes a personal bond in the sum of Rs.2,00,000/- with two sureties of Rs.1,00,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
The court may grant bail under Section 439 Cr.P.C. based on the nature of the recovered contraband and the expected trial duration.
The quantity of the recovered contraband and the absence of similar criminal cases can be considered in granting bail under the NDPS Act.
The court may grant bail under Section 439 Cr.P.C. based on the nature of the offence, the quantity of contraband, and the expected duration of the trial.
The court considered the nature of the recovered contraband and the expected trial duration in granting bail to the accused petitioner under Section 439 Cr.P.C.
The court has the discretion to grant bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances, without expressing any opinion on the merits of the case.
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.
The court established that in cases involving non-commercial quantities of drugs, the prolonged duration of trial can be a valid ground for granting bail under Section 439 Cr.P.C.
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
