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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
Dinesh Mehta, J
RAMLAL – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
1. The present application for bail has been filed by the applicant under Section 439 of the Cr.P.C . in connection with FIR No.155/2023, registered at Police Station Rol, District Nagaur for the offences under section 8/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the ‘NDPS Act’).
2. Mr. Vishnoi, learned counsel for the applicant submitted that the applicant has been implicated on the testimony of co-accused persons namely Hadman Ram and Sharwan Ram who were found possessing the contraband substance, which was below the commercial quantity.
3. Learned counsel for the applicant argued that since the quantity is below commercial, provisions of section 37 of the NDPS Act are not applicable and therefore, the applicant who is behind the bars since 07.08.2024, be enlarged on bail.
4. Learned Public Prosecutor opposed the bail application by contending that three cases of like nature are pending against the applicant and two of them pertains to the year 2024. He therefore prayed that no indulgence be granted to the applicant as there is every likelihood that the applicant, would again indulge in similar type of offence.
5. Learned Public
The court ruled that the inapplicability of Section 37 of the NDPS Act due to the contraband being below commercial quantity justified granting bail under Section 439 of the Cr.P.C.
The court established that the stringent conditions for granting bail under Section 37 of the NDPS Act must be strictly adhered to, requiring substantial evidence to support claims of innocence.
The court emphasized the necessity of substantial grounds for bail in cases involving serious narcotic offences under the NDPS Act.
For bail under NDPS Act, the accused must prove reasonable grounds for believing they are not guilty and unlikely to re-offend.
Bail under NDPS Act requires meeting specific conditions; mere custody duration is insufficient for bail.
The court determines that the detention of a petitioner for an NDPS offence is unnecessary due to the nature and quantity of the contraband, allowing bail with conditions.
The court can grant bail if the rigour of Section 37 does not apply due to the nature and quantity of contraband, alongside other considerations.
Insufficient evidence for conspiracy or knowledge of possession in narcotics case warrants bail.
The court determined that bail cannot be granted under Section 37 of the NDPS Act if twin conditions are unmet.
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