Bail may be granted based on the nature of the contraband, duration of custody, and the status of co-accused, especially when the contraband is below commercial quantity.

Order :

KULDEEP MATHUR, J

1. This application for bail under Section 483 of B.N.S.S. has been filed by the petitioner who has been arrested in connection with FIR No.286/2024 registered at Police Station Surajpole, District Udaipur, for offences under Sections 8/22 and 8/29 of the N.D.P.S. Act.

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

3. Learned counsel for the petitioner submitted that the co- accused Mohammad Ali @ Mohsin (S.B. Criminal Misc. Bail Application No.731/2025) has already been enlarged on bail by this Court vide order dated 13.02.2025. Learned counsel for the petitioner further submitted that the allegation against the present petitioner is that he had supplied the recovered contraband to co- accused Mohammad Ali @ Mohsin from whose conscious possession, the contraband was recovered.

4. Lastly, learned counsel for the petitioner submitted that the petitioner is in judicial custody since 27.08.2024; challan has already been filed against the present petitioner and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioner.

5. The order dated 13.02.2025 passed by this Court is reproduced hereinbelow for ready reference:-

“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.286/2024, registered at Police Station Surajpole, District Udaipur, for the offence under Sections 8/22, 8/29 & 8/25 of the NDPS Act.

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

3. This Court vide order dated 29.01.2025 directed the learned Public Prosecutor to call for the FSL report of the contraband recovered from the conscious possession of the petitioner.

4. The FSL report dated 06.02.2025 has been produced by the learned Public Prosecutor before this Court, in compliance of the order dated 29.01.2025, which indicates that the contraband allegedly recovered from the conscious possession of the present petitioner is Mephedrone (MD) which is included in the list of psychotropic substance as per clause xxiii of Section 2 of the NDPS Act.

5. In view of the FSL report dated 06.02.2025, this Court prima facie finds that the contraband allegedly recovered from the conscious possession of the present petitioner is below commercial quantity. Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

6. Consequently, this bail application under Section 483 BNSS is allowed. It is ordered that the accused-petitioner Mohammad Ali @ Mohsin S/o Shri Mehboob Ali, arrested in connection with F.I.R. No.286/2024, registered at Police Station Surajpole, District Udaipur, 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.”

6. Per contra, learned Public Prosecutor has opposed the bail application and submitted that the petitioner is a habitual offender and therefore, looking to the seriousness of the allegations levelled against him, he does not deserves to be enlarged on bail. However, he was not in a position to refute the fact that above named co-accused Mohammad Ali @ Mohsin has already been enlarged on bail by this Court vide order dated 13.02.2025.

7. Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

8. Consequently, the bail application under Section 483 of BNSS is allowed. It is ordered that the accused-petition