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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
DHEERAJ SINGH – 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.25/2023 registered at Police Station Arnod, Dist. Pratapgarh, for the offences under Sections 8/15, 25 and 29 of NDPS 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 as per the prosecution, contraband (poppy husk/straw) weighing 137 kgs. in 6 plastic sacks was recovered from a mini truck- tempo bearing registration No.MP-43-L-2714. Drawing attention of the Court towards the challan papers and the disclosure statements of the co-accused Zahid Khan who was allegedly transporting the recovered contraband in the offending vehicle, learned counsel submitted that only 40 kgs of the total 137 kgs. of contraband (poppy husk/straw) so recovered was supplied by the petitioners to the co-accused persons. The remaining 97 kgs. of the contraband was procured by the co-accused persons from co-accused- Badshah.
4. Learned counsel submitted that the contraband in the present case has not been recovered from the conscious possession of
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 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.
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 principle of parity in bail applications allows for the release of accused if co-accused in similar circumstances have been granted bail.
The court granted bail due to insufficient evidence against the petitioner and the absence of any risk of fleeing or re-offending.
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 accused is not in direct possession of contraband and there is no evidence of reoffending.
Possession of contraband below commercial quantity and absence of criminal antecedents can justify granting bail under Section 439 Cr.P.C.
The court granted bail due to lack of direct evidence against the petitioner and absence of criminal antecedents, emphasizing the presumption of innocence.
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.
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