The court established that in cases involving non-commercial quantities of drugs, the prolonged duration of trial can be a valid ground for granting bail under Section 439 Cr.P.C.

Headnote:
BAIL - NDPS ACT - The court granted bail to the petitioner under Section 439 Cr.P.C. after considering the nature of the contraband, which was below commercial quantity, and the prolonged duration of the trial. The decision emphasized the importance of judicial discretion in bail matters, particularly in cases involving non-commercial quantities of drugs.
Fact of the Case:

The petitioner was arrested for an offence under Section 8/21 of the NDPS Act, with the contraband recovered being below commercial quantity. The petitioner sought bail under Section 439 Cr.P.C.
Finding of the Court:

The court found it just and proper to grant bail, considering the circumstances of the case and the fact that the trial would take a significant amount of time.
Issues: Whether the petitioner is entitled to bail under Section 439 Cr.P.C. given the nature of the offence and the quantity of contraband involved.
Ratio Decidendi: The court highlighted that the quantity of contraband being below commercial quantity and the extended duration of the trial were significant factors in favor of granting bail.
Result: The bail application was allowed, and the petitioner was directed to be released on bail upon executing a personal bond and providing sureties.

JUDGMENT

Manoj Kumar Garg, J. - The petitioner has been arrested in connection with F.I.R. No.495/2021, Police Station Nohar, District Hanumangarh for the offence punishable under Section 8/21 of NDPS Act. The petitioner has preferred this bail application under Section 439 Cr.P.C.

2. Counsel for the petitioner submits that the recovered contraband is below commercial quantity. The accused-petitioner is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.

3. Learned Public Prosecutor has opposed the bail application. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

4. Accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Sonu Bhaat S/o Sh. Satyanarayan, shall be released on bail in connection with F.I.R. No.495/2021, Police Station Nohar, District Hanumangarh provided he executes a personal bond in a sum of Rs.1,00,000/-with two sound and solvent sureties of Rs.50,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

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