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RAJASTHAN HIGH COURT
Vijay Bishnoi, J.
Ghanshyam - Appellant
Versus
State of Rajasthan - Respondent
Criminal Miscellaneous Second Bail Application No. 11530 of 2021
Decided On : 20-11-2021
BAIL - NDPS ACT - The court granted bail to the petitioner under Section 439 Cr.P.C., emphasizing that the petitioner was not found in possession of narcotic contraband and was merely transporting bags without knowledge of their contents. The court considered the circumstances of the case, including the fact that the main accused had already been granted bail, leading to the conclusion that the petitioner should also be released on bail.
Fact of the Case:
The petitioner was arrested under FIR No.12/2020 for offenses related to the NDPS Act, accused of transporting narcotic contraband without knowledge of its contents.
Finding of the Court:
The court found that the petitioner did not have any recovery of narcotic contraband from him and was merely acting as a transporter, which influenced the decision to grant bail.
Issues: Whether the petitioner should be granted bail despite the serious charges under the NDPS Act.
Ratio Decidendi: The court held that the lack of direct possession of narcotic contraband and the circumstances surrounding the transport of the bags justified the granting of bail.
Result: The second bail application was allowed, and the petitioner was directed to be released on bail upon executing a personal bond and sureties.
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 and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
5. Accordingly, this second bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner-Ghanshyam S/o Shri Rathan Lal Dhakar shall be released on bail in connection with FIR No.12/2020 of Police Station Begu, District Chittorgarh provided he executes a personal bond in a sum of Rs.50,000/-with two sound and solvent sureties of Rs.25,000/- 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.
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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