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RAJASTHAN HIGH COURT
Vijay Bishnoi, J.
Gurvinder Singh & Ors. - Appellants
Versus
State of Rajasthan - Respondent
Criminal Miscellaneous Bail Application No. 16749 of 2021
Decided On : 14-12-2021
BAIL - NDPS ACT - The court granted bail to the petitioners arrested under the NDPS Act, emphasizing that the quantity of narcotic contraband (46 kgs. 300 gms of poppy husk) was below the commercial quantity threshold, which influenced the decision to allow bail under Section 439 Cr.P.C.
Fact of the Case:
The petitioners were arrested for possessing 46 kgs. 300 gms of poppy husk, which is classified under the NDPS Act. They applied for bail under Section 439 Cr.P.C.
Finding of the Court:
The court considered the totality of the facts and circumstances, deciding to grant bail without expressing an opinion on the merits of the case.
Issues: Whether the petitioners are entitled to bail under Section 439 Cr.P.C. given the quantity of narcotic contraband involved.
Ratio Decidendi: The court determined that the quantity of the narcotic contraband was below the commercial quantity, which is a significant factor in granting bail.
Result: The bail application was allowed, and the petitioners were directed to be released on bail upon executing a personal bond and providing sureties.
JUDGMENT
Vijay Bishnoi, J. - Heard learned counsel for the petitioners as well as learned Public Prosecutor and also perused the material on record.
2. The petitioners have been arrested in FIR No.234/2021 of Police Station Bhanipura District Churu for the offences punishable under Sections 8/15 of NDPS Act. They have preferred this bail application under Section 439 Cr.P.C.
3. Learned counsel for the petitioners has submitted that narcotic contraband poppy husk alleged to have been recovered in the matter is weighing 46 kgs. 300 gms, which is below commercial quantity.
4 .Learned Public Prosecutor has opposed the bail application.
5. 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 petitioners under Section 439 Cr.P.C.
6. Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioners - Gurvinder Singh S/o Piyara Singh and Satpal Singh S/o Buta Singh, shall be released on bail in connection with FIR No.234/2021 of Police Station Bhanipura District Churu provided they execute a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
Possession of narcotic contraband below commercial quantity can be a basis for granting bail under Section 439 Cr.P.C.
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 court has the discretion to grant bail after considering the totality of the facts and circumstances of the case.
The court considered the narcotic contraband quantity and the totality of the facts and circumstances of the case in granting bail under Section 439 Cr.P.C.
The recovery of contraband below commercial quantity and the expected lengthy duration of further investigation and trial are significant factors in considering bail applications under the NDPS Act.
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 ....
A person accused under the NDPS Act may be granted bail if there is no recovery of narcotic contraband from them and if they can demonstrate a lack of knowledge regarding the nature of the goods bein....
The court has the discretion to grant bail after considering the totality of the facts and circumstances of the case.
The court considered the total weight of the recovered narcotic substances and poppy straw, which was below commercial quantity, in granting bail to the accused petitioner.
Bail can be granted where quantity of contraband recovered from possession of accused is just above commercial quantity and trial will take time to conclude.
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