Back
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Devendra Kachhawaha, J.
Kalu Ram – Appellant
Versus
State of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 2129 of 2022
Decided On : 05-03-2022
NDPS Act - Bail Application - The court granted bail to the accused-petitioner based on the recovery of contraband below commercial quantity, the filing of the charge-sheet, and the expected lengthy trial.
Fact of the Case:
The petitioner filed a bail application under Section 439 Cr.P.C. in connection with an NDPS case where contraband was recovered from his possession.
Finding of the Court:
The court granted bail to the accused-petitioner considering the recovery of contraband below commercial quantity, the filing of the charge-sheet, and the expected lengthy trial.
Issues: Bail application for accused-petitioner in an NDPS case with contraband below commercial quantity and multiple cases registered against the petitioner.
Ratio Decidendi: The recovery of contraband below commercial quantity, filing of the charge-sheet, and the expected lengthy trial were the key factors influencing the court's decision to grant bail.
Final Decision: The bail application of the accused-petitioner was allowed, and he was ordered to be released on bail upon fulfilling the specified conditions.
JUDGMENT
Devendra Kachhawaha, J. - The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.01/2022, Police Station Gudamalani, District Barmer, registered for the offence punishable under Section 8/21 of the NDPS act.
2. Heard and considered arguments advanced by learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
3. Learned counsel for the petitioner stated that as per prosecution, alleged contraband - smack (morphin) weighing 20 gms. have been recovered from the possession of the petitioner; recovered contraband is below commercial quantity; petitioner is behind the bars since 01.01.2022; charge-sheet has been filed; and trial will take time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the accused-petitioner.
4. Per contra, learned Public Prosecutor has opposed the bail application of the accused-petitioner and stated that four other cases have been registered against the accused-petitioner out of which, one case is of identical nature.
5. Having regard to the facts and circumstances of the case, particularly looking to the facts that recovered contraband is below commercial quantity; charge-sheet has been filed; and trial will take sufficiently long time, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.
6. Consequently, the bail application is allowed. It is ordered that the accused-petitioner - Kalu Ram S/o Gorakha Ram, arrested in connection with F.I.R. No.01/2022, Police Station Gudamalani, District Barmer, shall be released on bail, if not wanted in any other case; provided he furnishes a personal bond of Rs.1,00,000/- (Rupees One Lac Only) and two sound and solvent sureties of Rs.50,000/- (Rupees Fifty Thousand Only) each to the satisfaction of the 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 considered the recovery of contraband below commercial quantity, the filing of the charge-sheet, and the expected lengthy trial as grounds for granting bail.
The recovery of contraband below commercial quantity and the expected lengthy duration of further investigation and trial are significant factors in considering bail applications under the NDPS Act.
The court established that in cases involving the NDPS Act, factors such as the quantity of contraband, duration of custody, and absence of prior offences can significantly influence the decision to ....
The court established that in cases involving narcotics, the quantity of contraband and the duration of custody are significant factors in determining bail eligibility.
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 recovery of contraband below commercial quantity and the expected lengthy duration of further investigation and trial are significant factors in considering bail applications under the NDPS Act.
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
