HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
Punit Beniwal – 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.187/2024 registered at Police Station Srikaranpur, District Sriganganagar, for offence under Section 8/21 of N.D.P.S.Act.
2. Drawing attention of the Court towards the FIR and challan papers, learned counsel for the petitioner submitted that the contraband (Heroin) weighing 4kgs 80 gms. was recovered from the conscious possession of the co-accused Saddam Hussain. Learned counsel submitted that co-accused Saddam Hussain in his statements recorded under Section 67 of the NDPS Act stated that he had supplied 400 gms of heroin to another co-accused Balkar Singh. Learned counsel further submitted that the allegation against the present petitioner is that he procured some quantity of the contraband (heroin) supplied by co-accused Saddam Hussain from the co-accused Balkar Singh. Learned counsel submitted that as per the prosecution, the contraband (heroin) was supplied to him by the co-accused Balkar Singh was later on recovered from the pocket of the clothes worn by him and an another FIR bearing No. 372/2024 came to be registered at Police Station
Bail may be granted when contraband is not in the accused's possession and no substantial risk of reoffending is shown.
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 absence of direct evidence against the petitioner and the lengthy trial process justified the granting of 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.
The court granted bail based on insufficient evidence against the petitioner and the principle of parity with a co-accused already released on bail.
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.
The court granted bail due to insufficient evidence against the petitioner and the absence of any risk of fleeing or re-offending.
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.
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