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RAJASTHAN HIGH COURT
Devendra Kachhawaha, J.
Ganesh - Appellant
Versus
State of Rajasthan - Respondent
Criminal Miscellaneous Bail Application No. 12232, 12233 of 2021
Decided On : 20-10-2021
BAIL - NDPS ACT - The court granted bail to the petitioners, emphasizing that the recovered contraband was below commercial quantity, no other cases were pending against them, and they had been in custody for approximately two months. The court highlighted the lack of ongoing investigation and the anticipated delay in trial, leading to the conclusion that the bail applications should be accepted.
Fact of the Case:
The petitioners were in judicial custody for approximately two months in connection with F.I.R. No.421/2020 for offences under Section 8/18 of the NDPS Act, involving the recovery of 1 kg 400 grams of opium from a vehicle.
Finding of the Court:
The court found that the contraband was below commercial quantity, no other cases were pending against the petitioners, and there was no ongoing investigation. The anticipated delay in trial also influenced the decision.
Issues: Whether the petitioners should be granted bail considering the quantity of contraband, duration of custody, and absence of pending investigations.
Ratio Decidendi: The court determined that the factors of the contraband being below commercial quantity, the duration of custody, and the lack of pending investigations warranted the granting of bail.
Result: The bail applications were allowed, and the petitioners were ordered to be released on bail upon furnishing a personal bond and sureties.
JUDGMENT
Devendra Kachhawaha, J. - The present bail applications have been filed under Section 439 Cr.P.C. on behalf of the petitioners, who are in judicial custody in connection with F.I.R. No.421/2020, Police Station Sardar Sahar, District Churu, registered for the offences punishable under Section 8/18 of the NDPS Act.
2. Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record.
3. Learned counsel for the petitioners stated that as per prosecution, alleged contraband ? opium, weighing 1 kg 400 grams has been recovered from Swift Dzire car bearing registration number HR 26 BW 9269; recovered contraband is below commercial quantity; as per rejection order itself, no other case is pending against the petitioners, Ganesh, Manoj Kumar and Ramesh Kumar; petitioners are behind the bars for approximately two months; no recovery or investigation is pending against the petitioners; and trial will take time. With these submissions, learned counsel for the petitioners prayed that the benefit of bail may also be granted to the petitioners.
4. Per contra, learned Public Prosecutor has opposed the bail applications and requested to call for the antecedents of the accused-petitioner, Devkishan Jat.
5. In reply, learned counsel for the petitioner stated at bar that no other case is pending against the petitioner, Devkishan Jat.
6. Having regard to the facts and circumstances of the case, particularly looking to the facts that recovered contraband is below commercial quantity; accused-petitioners are behind the bars for approximately two months; no recovery or investigation is pending against the accused-petitioners; 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 applications filed by the petitioners deserve to be accepted.
7. Consequently, the bail applications are allowed. It is ordered that the petitioners ? (1) Ganesh S/o Mahaveer Parsad (2) Manoj Kumar S/o Mahaveer Parsad and (3) Ramesh Kumar S/o Maliram (Bail Application No.12232/2021) and Devkishan Jat S/o Madhu Lal Jat (Bail Application No.12233/2021) all arrested in connection with F.I.R. No.421/2020, Police Station Sardar Sahar, District Churu, shall be released on bail, if not wanted in any other case; provided each of them furnishes a personal bond of Rs.1,00,000/- with two sound and solvent suretiea of Rs.50,000/- 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, the quantity of contraband, duration of custody, and absence of pending investigations are significant factors in determining bail eligibil....
The court established that in cases involving narcotics, the quantity of contraband and the duration of custody are significant factors in determining bail eligibility.
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, 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, 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 quantity of the recovered contraband and the absence of similar criminal cases can be considered in granting bail under the NDPS Act.
The court may grant bail under Section 439 Cr.P.C. based on the nature of the offence, the quantity of contraband, and the expected duration of the trial.
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 recovery of contraband below commercial quantity and the prolonged detention of the accused-petitioner were key factors in granting bail.
The court established that the quantity of contraband and the status of co-accused are critical factors in determining bail eligibility under the NDPS Act.
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