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.

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 Prosecutor also submitted that call detail report of the co-accused Hadman Ram and Sharwan Ram shows that they were in constant touch with the applicant who is reported to be supplier of the contraband substance.

6. Heard learned counsel for the parties.

7. Indisputably, the quantity of contraband substance in question is 12 grams MDMA (which is below the commercial quantity). Considering the fact that inhibition under section 37 of the NDPS Act is not applicable and applicant cannot be kept incarcerated for indefinite period, in spite of the fact that three cases of like nature is pending against him, this Court is inclined to enlarge him on bail, more particularly because Principal accused namely Hadman Ram and Sharwan Ram have been enlarged on bail.

8. Consequently, the present bail application filed under Section 439 Cr.P.C . is allowed. It is ordered that applicant – Ramlal S/o Mehram arrested in connection with FIR No.155/2023, registered at Police Station Rol, District Nagaur shall be released on bail; provided he executes personal bond in the sum of Rs.2,00,000/- and two sureties of Rs.1,00,000/- each (out of which, one shall be applicant’s wife) to the satisfaction of the learned trial Court.

9. Applicant shall be required to appear before the Trial Court on all dates of hearing as and when called upon to do so.

10. Needless to observe that the above observations made by this Court are on the basis of material so far produced before the Court. They are only prima-facie observation and the same shall however, not come in the way of the trial Court to take independent view of the matter, based on ocular and oral evidence, while finally deciding the case.