The violation of procedural safeguards under Section 50 of the NDPS Act can lead to the granting of bail, even in cases involving commercial quantities of contraband.

JUDGMENT

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.199/2020, Police Station Chiksana, District Bharatpur, registered for the offences under Section 8/20 of the NDPS Act.

Heard learned counsel for the petitioner appearing through video conferencing as well as learned Public Prosecutor, present- in-person. Perused the material available on record.

Learned counsel for the petitioner stated that the third option was given by the Seizure Officer to the accused Rakesh Kumar, Gopal and Virendra. Therefore, it is clear cut the violation of Section 50 of NDPS Act and law laid down by this Court in various cases. The charge-sheet has been filed and trial will take time, therefore, benefit of bail may be granted to the accused- petitioner.

Per contra, learned Public Prosecutor has opposed the bail application of the accused-petitioner and stated that 172.266 Kg. of the contraband (ganja) has been recovered from the possession of accused-petitioner, which is commercial quantity. He lastly, urges that Section 37 of the NDPS Act is clearly attracted in the present case.

Having regard to the facts and circumstances of the case as available on record this Court is of the view that the conditions of Section 37 of the NDPS Act are satisfied and admittedly the third option was given by the Seizure Officer during the seizure proceedings, which is clear cut of violation of Section 50 of NDPS Act as decided by a co-ordinate Bench of this Court in the case of Ranjeet Singh v. State of Rajasthan: S.B. Criminal Misc. Bail Application No.7820/2020, the 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.

Consequently, the bail application is allowed. It is ordered that the petitioner Virendra S/o Dhup Singh, arrested in connection with F.I.R. No.199/2020, Police Station Chiksana, District Bharatpur, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.2,00,000/- (Rupees Two lacs only) with two sound and solvent surety bonds of Rs.1,00,000/- (Rupees One lac only) each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.