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.

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.68/2024 registered at Police Station Kaparda, District Jodhpur, for offences under Sections 8/15 & 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. Drawing attention of the Court towards the FIR and challan papers, learned counsel for the petitioner submitted that in the present case contraband (poppy husk/straw) weighing 67.200 Kgs. was recovered from the courtyard situated near the residential dhani of the co-accused Pappuram. 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 Pappuram while he was in police custody. Apart from the disclosure statements/information divulged by the co- accused Pappuram that he had procured the recovered contraband from the present petitioner, there is nothing on record indicating the involvement of the petitioner in the commission of alleged crime. It was contended that the petitioner is in judicial custody; the investigation against the present petitioner has already been completed; the petitioner does not have any criminal antecedents and the trial of the case will take sufficient long time, therefore, the benefit of bail may be granted to the accused-petitioner.

4. Per contra, learned Public Prosecutor has opposed the bail application and submitted that looking to seriousness of the case and the allegations against the petitioner, he does not deserve to be enlarged on bail.

5. Having considered the rival submissions, facts and circumstances of the case, this Court prima-facie finds that the contraband was not recovered from direct/conscious possession of the present petitioner; the petitioner has been implicated in the case solely on the basis of the disclosure statements of co-accused Pappuram. This Court also prima-facie finds that the learned Public Prosecutor has not shown any apprehension of the petitioner involving himself in the cases of similar nature, in case he is enlarged on bail. In the opinion of this Court, the twin conditions mentioned under Section 37 of NDPS Act are duly satisfied in the present case. Thus, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

6. Consequently, the bail application under Section 483 BNSS is allowed. It is ordered that the accused-petitioner Savan Kumar @ Savan Sou S/o Sh. Sahi Ram Bishnoi arrested in connection with F.I.R. No.68/2024 registered at Police Station Kaparda, District Jodhpur, shall be released on bail, if not wanted in any other case, provided he 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 his appearance before that Court on each & every date of hearing and whenever called upon to do so till completion of the trial.

7. 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.