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ASHUTOSH KUMAR
Balveer Singh – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
(Ashutosh Kumar, J.)
The present bail application has been filed by the accused-petitioner against the order dated 20.05.2023 passed by the Special Judge (NDPS Cases) & Additional Session Judge, Bhawani Mandi, District Jhalawar (Rajasthan), by which, the bail application, filed by the accused-petitioner under Section 439 Cr.P.C. in FIR No.191/2020 registered at Police Station Bhawani Mandi, District Jhalawar for the offence under Sections 8, 15, 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 has been dismissed.
2. Learned counsel for the accused-petitioner submitted that as per the prosecution story, 60 kg. poppy husk has been recovered from the accused namely Balveer Singh, Sukhjinder Singh and Sarabjeet Singh, who were going in a truck, loaded with 300 bags of onion.
3. Learned counsel submitted that the present accused-petitioner was arrested on 24.05.2020 and since then he is behind bars.
4. Learned counsel submitted that the co-accused Sarabjeet Singh, who was also arrested on the same day, has been granted bail by the Coordinate Bench of this Court vide order dated 18.11.2021 in SB Criminal Bail Application No.15065/2021 (Sarabjeet Singh v. State of Rajasth
The right to bail in NDPS cases is affirmed, especially when trial delays occur, emphasizing the balance between custody duration and the nature of contraband.
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 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 ....
Possession of narcotic contraband below commercial quantity can be a basis for granting bail under Section 439 Cr.P.C.
The main legal point established in the judgment is that the determination of the quantity of contraband and the application of bail provisions under the NDPS Act should be based on a realistic and p....
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