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.

Headnote:
[BAIL] - [NDPS ACT] - [The court granted bail to the petitioner, Chirag Sangwani, under Section 439 Cr.P.C., considering the recovery of contraband below commercial quantity, the granting of bail to the co-accused, and the anticipated delay in trial. The court emphasized the importance of individual circumstances in bail decisions, leading to the conclusion that the petitioner deserved bail.]
Fact of the Case:

The petitioner, Chirag Sangwani, is in judicial custody for an offence under the NDPS Act, with 8.43 grams of brown sugar recovered from a co-accused, which is below the commercial quantity.
Finding of the Court:

The court found that the quantity of contraband was below commercial limits, and since the co-accused had been granted bail, it indicated a similar consideration for the petitioner. The court noted that the trial would take time.
Issues: Whether the petitioner is entitled to bail given the circumstances of the case, including the quantity of contraband and the status of co-accused.
Ratio Decidendi: The court held that the recovery of contraband below commercial quantity and the granting of bail to the co-accused were significant factors in favor of granting bail to the petitioner.
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.112/2021, Police Station Danpur, District Banswara, registered for the offence punishable under Section 8/21 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 ? brown sugar weighing 8.43 grams has been recovered from the co-accused, Bhavya Raj Singh, which is below commercial quantity and he has already been granted benefit of bail; 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 requested to call for the antecedents of the accused-petitioner.

In reply, learned counsel for the petitioner stated at bar that no other case is pending against the accused-petitioner.

5. Having regard to the facts and circumstances of the case, particularly looking to the facts that recovered alleged contraband is below commercial quantity; benefit of bail has been granted to the main accused Bhavya Raj Singh by this Court vide order dated 12.08.2021; further investigation and trial will take 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, Chirag Sangwani S/o Sh. Vinod Sangwani, arrested in connection with F.I.R. No.112/2021, Police Station Danpur, District Banswara, 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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