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 grant bail.

Headnote:
[BAIL] - [NDPS ACT] - [The court granted bail to the petitioner under Section 439 Cr.P.C. due to the recovery of contraband being below commercial quantity, the petitioner's prolonged judicial custody, absence of other cases against him, and the anticipated delay in trial.]
Fact of the Case:

The petitioner, Anil Kumar, is in judicial custody since 19.08.2021 for an offence under Section 8/15 of the NDPS Act, related to the recovery of 45 kgs. 800 grams of poppy husk from a co-accused.
Finding of the Court:

The court considered the facts that the recovered contraband was below commercial quantity, the petitioner had no other pending cases, and had been in custody for an extended period, leading to the conclusion that bail should be granted.
Issues: Whether the petitioner is entitled to bail considering the nature of the offence, the quantity of contraband, and the duration of custody.
Ratio Decidendi: The court emphasized that the recovery of contraband being below commercial quantity, along with the absence of other cases and the lengthy trial process, justified the granting of bail.
Result: The bail application was allowed, and the petitioner was ordered to be released on bail upon furnishing a personal bond and sureties.

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.163/2021, Police Station Rawla, District Sriganganagar, registered for the offence punishable under Section 8/15 of the NDPS Act.

2. Heard 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 ? poppy husk (mixture), weighing 45 kgs. 800 grams has been recovered from the co-accused Ram Kumar Godara which is below commercial quantity; petitioner is behind the bars since 19.08.2021; no recovery or investigation is pending against the petitioner; no other case has been registered against the petitioner; and trial of the case will take time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may also be granted to the petitioner.

4. Per contra, learned Public Prosecutor has opposed the bail application of the accused-petitioner.

5. Having regard to the facts and circumstances of the case, particularly looking to the facts that recovered contraband is below commercial quantity; petitioner is behind the bars since 19.08.2021; no other case is registered against the accused-petitioner; 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 petitioner, Anil Kumar S/o Ved Prakash, arrested in connection with F.I.R. No.163/2021, Police Station Rawla,

7. District Sriganganagar, 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) with two sound and solvent sureties of Rs.50,000/- (Rupees Fifty Thousand 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.

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