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RAJASTHAN HIGH COURT
Devendra Kachhawaha, J.
Ram Kumar Godara - Appellant
Versus
State of Rajasthan - Respondent
Criminal Miscellaneous Bail Application No. 11719 of 2021
Decided On : 15-09-2021
[BAIL] - [NDPS ACT] - The court granted bail under Section 439 Cr.P.C. to the petitioner, emphasizing that the recovered contraband was below commercial quantity, the petitioner had been in custody since August 2021, and the trial would take a significant amount of time. The court's decision was influenced by the lack of pending investigations and the nature of the charges against the petitioner.
Fact of the Case:
The petitioner, Ram Kumar Godara, was in judicial custody for an offence under Section 8/15 of the NDPS Act, with 45.8 kg of poppy husk recovered, which is below the commercial quantity threshold.
Finding of the Court:
The court found that the petitioner had been in custody since 17.08.2021, no further recovery or investigation was pending, and the trial would take a long time, leading to the conclusion that bail should be granted.
Issues: Whether the petitioner is entitled to bail considering the quantity of contraband, duration of custody, and pending trial.
Ratio Decidendi: The court held that the quantity of contraband being below commercial quantity, combined with the lengthy duration of custody and absence of pending investigations, 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 petitioner which is below commercial quantity; petitioner is behind the bars since 17.08.2021; no recovery or investigation is pending 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 and stated that one another case punishable under Sections 304A, 279, 337 and 338 of the IPC and Section 134/187 of the MV Act has been registered against 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 17.08.2021; 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, Ram Kumar Godara S/o Shankar Lal, arrested in connection with F.I.R. No.163/2021, Police Station Rawla, 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.
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 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 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 court established that in cases involving the NDPS Act, the quantity of contraband, duration of custody, and absence of pending investigations are significant factors in determining bail eligibil....
The court's decision to grant bail was based on the specific circumstances of the case, including the quantity of contraband recovered and the filing of the charge-sheet.
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 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.
Possession of narcotic contraband below commercial quantity can be a basis for granting bail under Section 439 Cr.P.C.
The right to bail in NDPS cases is affirmed, especially when trial delays occur, emphasizing the balance between custody duration and the nature of contraband.
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