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DEVENDRA KACHHAWAHA
Ram Kumar Godara – Appellant
Versus
State of Rajasthan – Respondent
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 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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