The court granted bail under the NDPS Act, emphasizing that the substance recovered was below commercial quantity and considering the precedent of co-accused being granted bail.

Order :

KULDEEP MATHUR, J

1. The application for bail under Section 483 of BNSS has been filed by the petitioner who has been arrested in connection with F.I.R. No.56/2024 registered at Police Station Jhab, District Sanchore (Jalore) for the offences under Sections 8/22 & 29 of the NDPS Act .

2. Heard learned counsel for the petitioner and the learned Public Prosecutor. Perused the material available on record.

3. Learned counsel for the petitioner submitted that the co- accused persons namely Bhanwarlal (S.B. Criminal Miscellaneous Bail Application No.1318/2025), Budharam @ Bhutraram (S.B. Criminal Miscellaneous Bail Application No.1319/2025) have already been enlarged on bail by this Court vide order dated 04.02.2025; and the co-accused Pradeep Eram @ Peeraram (S.B. Criminal Miscellaneous Bail Application No.15807/2024) and Raju Ram @ Rajsa (S.B. Criminal Miscellaneous Bail Application No.12992/2024) have also been enlarged on bail by a co-ordinate Bench of this Court vide order dated 14.01.2025. Learned counsel further submitted that the case of the present petitioner is not distinguishable from that of the above named co-accused persons.

4. Learned counsel for the petitioner submitted that the petitioner is in judicial custody; the challan against the present petitioner has already been filed before the competent Criminal Court and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioner.

5. Per contra, learned Public Prosecutor has opposed the bail application. However, he was not in a position to refute the fact that the above named co-accused persons have already been enlarged on bail by this Court.

6. Heard learned counsel for the parties at Bar and perused the order dated 14.01.2025 passed by the co-ordinate Bench of this Court.

7. The order dated 14.01.2025 is reproduced hereinbelow for ready reference:-

These applications for bail under Section 439 Cr.P.C . (483 BNSS) have been filed by the petitioners who have been arrested in connection with F.I.R. No.56/2024, registered at Police Station Jhab, District Sanchore, for offences under Sections 8/22 and 29 of NDPS Act .

Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record.

This Court, with a view to find out as to whether the psychotropic substance recovered from the possession of the present petitioners is below commercial quantity or not, has directed learned Public Prosecutor to call for the FSL report of the recovered psychotropic substance.

The learned Public Prosecutor has placed on record FSL report dated 23.12.2024 for a perusal of this Court. The relevant portion of the FSL report dated 23.12.2024 is reproduced below for ready reference:-

“RESULT OF EXAMINATION

On micro chemical, chemical and instrumental analysis:-

Presence of any opium constituents/opium derivatives including heroin (diacetylmorphine), active constituents of cannabis, cocaine, methaqualone/meloqualone, Mephedrone, Amphetamine/Methamphetamine, MDMA/MDA, Barbiturates/Barbiturate derivatives and Benzodiazepines could not be detected in the sample packed in each of the packet marked S-1, S-2 and S-3.

The sample packed in each of the packet marked S-1 and S-2 gave positive tests for the presence of Potassium ions (K, [Ammonium ions (NH +), Aluminum ions (Al3+)]) and Chloride ions (Cl-).

The sample packed in the packet marked S-3 gave positive tests for the presence of and Sulphate ions (SO -2).”

Learned Public Prosecutor submits that on the basis of the FSL report dated 23.12.2024, it cannot be said that the psychotropic substance recovered from the present petitioners is above commercial quantity.

Having considered the rival submissions, facts and circumstances of the case and having perused the FSL report, this Court is inclined to enlarge the petitioners on bail.

Consequently, these bail applications under Section 439 Cr.P.C . (483 BNSS) are allowed. It is ordered that the accuse