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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
KULDEEP MATHUR, J
Satnam Singh – Appellant
Versus
State of Rajasthan – Respondent
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 quanti
Possession of contraband below commercial quantity and absence of criminal antecedents can justify granting bail under Section 439 Cr.P.C.
The court established that recovery of contraband below commercial quantity can justify bail, even in cases of joint possession.
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.
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 under the NDPS Act when the accused is not in direct possession of contraband and meets the twin conditions for bail.
Bail may be granted when the accused is not in direct possession of contraband and there is no evidence of reoffending.
The court granted bail due to insufficient evidence against the petitioner and the absence of any risk of fleeing or re-offending.
The court may grant bail based on the nature of the offense and the circumstances of the case, such as the quantity of contraband and the expected duration of further investigation and trial.
The recovery of contraband below commercial quantity, the grant of bail to a co-accused, filing of charge-sheet, and the expected lengthy trial were key factors influencing the court's decision to gr....
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