The court held that possession of a substance below the commercial quantity threshold justifies granting bail, especially when no prior cases exist against the applicant.

ORDER :

YOGENDRA KUMAR PUROHIT, J.

1. The instant second bail application has been filed by the applicant under Section 439 Cr.P.C. (483 BNSS). The applicant has been arrested in connection with FIR No. 105/2024 registered at Police Station Goverdhanvilas, District Udaipur for the offence(s) under Section 8/22 of NDPS Act.

2. Learned counsel for the accused-applicant submits that the applicant has been falsely implicated in the case. He further submits that in first bail application, MDMA weighing 20.550 grams was considered to be recovered from the applicant by the police which was commercial quantity therefore, the bail application was not pressed by the counsel and accordingly same was dismissed as not pressed on 14.11.2024 with liberty to file fresh bail application after statement of seizure officer. Now in this case, FSL report has been received, in which the recovered contraband is found to be methamphetamine as mentioned in the order of the trial court, which is listed at serial number 159 of the table attached with NDPS Act, whose commercial quantity is more than 50 grams. Thus, the recovered contraband weighing 20.550 grams is below commercial quantity. There is no other case registered against the applicant under the NDPS Act. The applicant is behind the bars. The trial may take long time to conclude. Thus, learned counsel submitted that in the changed circumstances, the applicant may be enlarged on bail.

3. Per contra, learned Public Prosecutor vehemently opposed the bail application but accepts that as per FSL Report the recovered contraband is methamphetamine instead of MDMA.

4. According to the FSL Report, the contraband recovered weighing 20.550 grams by the police from the applicant is found to be methamphetamine which is below commercial quantity. Considering the arguments advanced by the counsel for the parties and looking to the overall facts and circumstances of the case, without commenting on the merits and demerits of the case, this court deems it just and proper to enlarge the accused-applicant on bail.

5. Accordingly, the second bail application under Section 439 Cr.P.C. (483 BNSS) is allowed and it is ordered that the accused- applicant Joseph Tobechukwu S/o Ezekiei arrested in connection with aforesaid FIR shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned lower court for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.