Back
RAJASTHAN HIGH COURT
Sandeep Mehta, J.
Aman Deep Singh - Appellant
Versus
State - Respondent
Criminal Miscellaneous II Bail Application No. 9745 of 2021
Decided On : 13-09-2021
BAIL - NDPS ACT - The court granted bail to the petitioner, noting that the quantity of the recovered drug was below the commercial threshold, and the restrictions of Section 37 of the NDPS Act were not applicable. The court considered the petitioner's prior bail history and the duration of custody, leading to the decision to allow bail under Section 439 CrPC.
Fact of the Case:
The petitioner, Aman Deep Singh, was in custody for offenses under the NDPS Act, specifically for the recovery of 230 tablets of Tramadol Hydrochloride, weighing 80.5 grams, which is below the commercial quantity of 250 grams.
Finding of the Court:
The court found that the quantity of the contraband was below the commercial threshold, and the restrictions of Section 37 of the NDPS Act did not apply. The petitioner had already spent five months in custody.
Issues: Whether the petitioner is entitled to bail under Section 439 CrPC given the nature of the offense and the quantity of the recovered substance.
Ratio Decidendi: The court emphasized that the quantity of the drug was below the commercial quantity, which influenced the decision to grant bail, as the stringent provisions of the NDPS Act were not applicable in this case.
Result: The bail application was allowed, and the petitioner was granted bail upon furnishing a personal bond and sureties.
JUDGMENT
Sandeep Mehta, J. - The instant second bail application under Section 439 CrPC has been preferred by the petitioner Aman Deep Singh @ Amna S/o Baljindra Singh @ Binder Singh, who is in custody in connection with the F.I.R. No.204/2021 registered at the Police Station Sangaria, District Hanumangarh for the offences under Sections 8/22 and 29 of the NDPS Act.
2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
3. The petitioner is in judicial custody in this case involving recovery of 230 tablets of Tramadol Hydrochloride weighing 80.5 gms. The commercial quantity of the said drug is fixed at 250 gms. vide notification dated 26.04.2018. The petitioner was earlier denied bail on the ground that the present one is second case registered against him for the offence punishable under the NDPS Act.
4. Learned counsel for the petitioner has placed on record a copy of the order dated 17.07.2017, whereby the petitioner was granted bail in other case at Punjab. On a perusal of the said order, it becomes apparent that the said case involved recovery of 2 kg. 500 gms. of poppy husk from three persons including the petitioner.
5. In this background and as the recovered contraband weighs well below commercial quantity and as the restrictions contained in Section 37 of the NDPS Act do not apply and since the petitioner has suffered custodial period of about five months, I am inclined to grant indulgence of bail to the petitioner.
6. Accordingly, the instant bail application under Section 439 CrPC is allowed. It is ordered that the accused-petitioner Aman Deep Singh @ Amna S/o Baljindra Singh @ Binder Singh arrested in connection with F.I.R. No.204/2021 registered at the Police Station Sangaria, District Hanumangarh shall be released on bail; provided he furnishes a personal bond of Rs.80,000/- and two surety bonds of Rs.40,000/- 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 the quantity of contraband below the commercial threshold can be a significant factor in granting bail under the NDPS Act, particularly when the restrictions of Section 37 ....
The court's decision to grant bail was based on the assessment of the quantity of contraband substance, the duration of the applicant's custody, and the likelihood of the trial taking sufficient time....
The court can relax bail provisions under Section 37 of the NDPS Act for first-time offenders even if the quantity is above the commercial threshold, considering procedural deficiencies.
The court considered the nature of the recovered substance, the absence of other pending cases against the accused-petitioner, and the expected duration of the trial in granting bail under Section 43....
The main legal point established in the judgment is the strict compliance required for bail under the NDPS Act, emphasizing the need for 'reasonable grounds' to believe that the accused is not guilty....
The commercial quantity of recovered contraband and its violation of Section 37 of the NDPS Act were crucial in the court's decision to reject the bail application.
Point of Law : When the recovered tablets are of identical size and weight with identical marking and batch numbers, they can be considered as one unit and thus, one representative sample out of one ....
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
