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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
SONU KUMAR – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
1. This second application for bail under Section 439 Cr.P.C . has been filed by the petitioner who has been arrested in connection with F.I.R. No.196/2022 registered at Police Station Rawatsar, Dist. Hanumangarh, for the offences under Sections 8/15 and 25 of NDPS Act.
2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
3. Having gone through the case file, this Court prima facie finds that as per the prosecution, on 22.04.2022, the SHO of Police Station Rawatsar, District Hanumangarh along with his team during routine patrolling of an area falling in his jurisdiction, saw a suspicious tractor trolly and car parked near a room. Upon seeing police personnel, three persons tried to flee away from the place of incident. The police personnel however, successfully nabbed two persons, and one of them disclosed his name as Sonu Kumar S/o Shri Atmaram (the present petitioner).
4. During search of the offending vehicle and room, contraband (poppy husk/straw) weighing 6 Quintal and 55 Kgs was recovered from total 33 plastic bags. The petitioner and co-accused were arrested on the spot.
5. This Court is conscious of the judg
The stringent conditions under Section 37 of the NDPS Act must be satisfied for granting bail, particularly in cases involving serious narcotic offences.
Bail under NDPS Act requires stringent conditions; the court must find reasonable grounds for believing the accused is not guilty and unlikely to commit further offences.
The court granted bail based on the absence of direct evidence against the petitioner and the lengthy trial process, emphasizing that Section 37 restrictions do not apply in this case.
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.
The absence of direct evidence against the accused and satisfaction of bail conditions under the NDPS Act justified the grant of bail.
The central legal point established in the judgment is the significance of examining each case on its own merits, especially in bail cases, and considering the nature of the offence, the quantity of ....
The court ruled that the petitioners were not in conscious possession of contraband and satisfied the conditions for bail under the NDPS Act.
Extended judicial custody without trial and lack of evidence of possession justify bail under Section 439 Cr.P.C.
The court emphasized that the seriousness of the offence and the quantity of contraband are critical in bail considerations, and procedural violations do not automatically warrant bail.
Bail should be granted when there is no direct or circumstantial evidence against the accused, despite initial implicating statements that have been retracted.
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