Bail may be granted when the quantity of contraband is below commercial threshold and the accused has been in custody for an extended period.

Order :

1. The instant bail application has been filed under Section 483 BNSS on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No. 179/2024 registered at Police Station Bhankrota, District Jaipur (West) for the offence(s) under Sections 8/20, 8/28 of NDPS Act.

2. Learned counsel for the petitioner submits that the accused-petitioner has falsely been implicated in this case. It is argued that petitioner was already arrested in the case registered under Section 8/29 of the NDPS Act bearing FIR No. 1149/2023 and in that case the information was rendered by the petitioner. The police in that case did not file the charge-sheet under section 8/20 read with Section 8/29 of NDPS Act rather arrested the petitioner by lodging a separate FIR under Section 8/20 of NDPS Act, though the procedure adopted by the police is not correct. It is alleged against the petitioner that at his instance 19.800kg of Ganja was recovered. The accused petitioner is in custody since 25.05.2024 and charge-sheet has already been produced. Provisions of Section 37 NDPS Act is not attracted as recovered quantity of alleged contraband article is below commercial quantity. Therefore, considering the fact that petitioner is in custody for almost nine months and the trial of the case will take considerable time, the benefit of bail may be granted to the accused-petitioner.

3. Per contra, learned Public Prosecutor opposes the bail application and contended that petitioner is a habitual offender and against him similar nature of cases under Section 8/20 of NDPS were registered. It is also contended that though the procedure adopted by the police may be wrong but at the instance of the petitioner 19.800kg of Ganja was recovered, therefore considering the criminal antecedents, bail application deserves to be dismissed.

4. Heard and perused the material available on the record.

5. It is not apposite for the court to express anything on the merits of the case, considering the fact that the Ganja recovered from the possession of the petitioner is below commercial quantity and rider contained under Section 37 of the NDPS Act is not applicable, I deem it just and proper to enlarge the accused-petitioner on bail.

6. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that the accused-petitioner Dharmveer Sansi @ Dharma Sansi S/o Prasadilal Sansi, in connection with FIR No. 179/2024 registered at Police Station Bhankrota, District Jaipur (West) shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge.

7. The accused- petitioner is also directed to mark his presence on 25^th of every month till conclusion of trial before the concerned police station. The SHO of the concerned police station shall send the presence report of the accused petitioner to the trial court every month. In case of any breach to the above condition, the learned Public Prosecutor shall be free to move the application against the petitioner for cancellation of the bail before the concerned Magistrate.