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DEVENDRA KACHHAWAHA
Ganesh – Appellant
Versus
State of Rajasthan – Respondent
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 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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