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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
Mr. Justice Kuldeep Mathur, J
LUNARAM – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
1. This application for bail under Section 483 BNSS has been filed by the petitioner who has been arrested in connection with F.I.R. No.243/2020 registered at Police Station Kudi Bhagtasni, District Jodhpur, for offences under Sections 8/15, 18 & 29 of N.D.P.S. Act.
2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
3. Learned counsel for the petitioner submitted that in the present case contraband (poppy husk/straw) weighing 7 Qntls. 65 Kgs. 100 Gms from 45 sacks and 1 Kg. opium from a polythene pouch was recovered in a truck which was being driven by the co- accused Hadman Ram. Learned counsel submitted that the co- accused Hadman Ram (S.B. Criminal Misc. 3rd Bail Application No.2978/2024) has already been enlarged on bail by this Court vide order dated 20.04.2024. Learned counsel for the petitioner submitted that the petitioner has been implicated in the present case solely on the basis of the information divulged by the co- accused Hadman Ram. Apart from the disclosure statements/information divulged by the co-accused Hadman Ram there is nothing on record indicating the involvement of the petitioner in the c
Bail may be granted when the accused is not in direct possession of contraband and there is no evidence of reoffending.
Bail may be granted under the NDPS Act when the accused is not in direct possession of contraband and meets the twin conditions for bail.
The court granted bail based on insufficient evidence against the petitioner and the principle of parity with a co-accused already released on bail.
Bail may be granted when the petitioner is not in possession of contraband and co-accused have been released, considering judicial custody and absence of criminal antecedents.
The court granted bail to the petitioner, finding insufficient grounds for continued detention based on the nature of the charges and comparison with a co-accused already granted bail.
Bail can be granted when the accused is not a flight risk and the case is similar to that of a co-accused who was previously granted bail.
The court granted bail based on the determination that the quantity of contraband supplied was below commercial threshold and the petitioner had no prior criminal antecedents.
Bail may be granted when contraband is not in the accused's possession and no substantial risk of reoffending is shown.
In the absence of substantial evidence against the accused and the grant of bail to co-accused, bail should be granted to ensure parity.
The court established that recovery of contraband below commercial quantity can justify bail, even in cases of joint possession.
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