Possession of contraband below commercial quantity and absence of criminal antecedents can justify granting bail under Section 439 Cr.P.C.

Order :

1. This application for bail under Section 439 Cr.P.C . (483 BNSS) has been filed by the petitioners who have been arrested in connection with F.I.R. No.437/2024, registered at Police Station Suratgarh, District Ganganagar, for offences under Sections 8/21 and 25 of the NDPS Act.

2. Heard learned counsel for the parties at Bar. Perused the material available on record.

3. Drawing attention of the Court towards the FIR and the challan papers, learned counsel for the petitioners submitted that in the present case, contraband (smack) weighing 389 gms., 51 gms. and 48 gms. was recovered from the conscious possession of the co-accused Satpal Singh, and petitioners namely Satnam Singh and Santokh Singh respectively. Learned counsel submitted that the co-accused- Satpal Singh while in police custody, divulged an information that the recovered contraband was procured by him from one Gagandeep Singh, thereafter, he had supplied the contraband weighing 51 gms. and 48 gms. respectively to the present petitioners namely Satnam Singh and Snatokh Singh. Learned counsel submitted that the contraband recovered from the conscious possession of the present petitioners is below commercial quantity. There is nothing on record to indicate that they had procured the contraband greater than commercial quantity from the co-accused person.

4. Learned counsel further submitted that the petitioners and the petitioners are in judicial custody since 04.09.2024; the investigation against them has already been concluded and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioners.

5. Per contra, learned Public Prosecutor has vehemently opposed the bail application and submitted that in the present case, the contraband recovered from the joint possession of the present petitioners and the co-accused- Satpal Singh is higher than commercial quantity and therefore, looking to the seriousness of the allegations levelled against the present petitioners, they do not deserve to be enlarged on bail. However, he was not in a position to refute the fact that the co-accused- Satpal Singh while in judicial custody has divulged an information that he had supplied the contraband (below commercial quantity) to the present petitioners. He was also not in a position to refute the fact that the petitioners do not have any criminal antecedents.

6. Having considered the rival submissions, facts and circumstances of the case and particularly keeping in view that the contraband recovered from the conscious possession of the present petitioners is below in commercial quantity, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioners on bail.

7. Consequently, the bail application under Section 439 Cr.P.C .(483 BNSS) is allowed. It is ordered that the accused-petitioners Satnam Singh S/o Sher Singh and Santokh Singh S/o Satnam Singh, arrested in connection with F.I.R. No.437/2024, registered at Police Station Suratgarh, District Ganganagar, shall be released on bail, if not wanted in any other case, provided each of them furnishes a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each, to the satisfaction of learned trial court, for their appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.

8. It is however, made clear that findings recorded/observations made above are for limited purposes of adjudication of bail application. The trial court shall not get prejudiced by the same.