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VIJAY BISHNOI
Ghanshyam – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Vijay Bishnoi, J . - Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.
2. The petitioner has been arrested in FIR No.12/2020 of Police Station Begu, District Chittorgarh for the offences punishable under Sections 8/15, 8/25 and 8/29 of NDPS Act. He has preferred this second bail application under Section 439 Cr.P.C.
3. Learned counsel for the petitioner has submitted that the allegation against the petitioner is to the effect that he shifted the narcotic contraband from one place to another. It is further submitted that no recovery has been affected from the petitioner. It is argued that the petitioner was running a pickup on hire and upon asking of one person, he shifted some bags from one place to another without knowing that the bags contained narcotic contraband. It is further submitted that the main accused Pappu, from whom the narcotic contraband was recovered, has already been enlarged on bail.
4. Learned Public Prosecutor has opposed the bail application. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just a
A person accused under the NDPS Act may be granted bail if there is no recovery of narcotic contraband from them and if they can demonstrate a lack of knowledge regarding the nature of the goods bein....
The court considered the narcotic contraband quantity and the totality of the facts and circumstances of the case in granting bail under Section 439 Cr.P.C.
Possession of narcotic contraband below commercial quantity can be a basis for granting bail under Section 439 Cr.P.C.
The court has the discretion to grant bail after considering the totality of the facts and circumstances of the case.
The court considered the quantity of the narcotic contraband opium alleged to have been recovered as a key factor in granting bail to the accused petitioners under Section 439 Cr.P.C.
The court has the discretion to grant bail after considering the totality of the facts and circumstances of the case.
Granting bail based on the totality of the facts and circumstances of the case.
The court considered the conduct of the petitioner, the nature of the accusation, and the gravity of the offence in deciding the bail application under Section 439 Cr.P.C.
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