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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
Savan Kumar @ Savan Sou – 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.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 cu
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 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 established that recovery of contraband below commercial quantity can justify bail, even in cases of joint possession.
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 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.
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.
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