JUDGMENT

1. The applicant has filed this first bail application under Section 439 of the Code of Criminal Procedure, 1973. Applicant is in Jail since 30/05/2022 in connection with Crime No.356/2022 registered at Police Station - City Kotwali, District Mandsaur (M.P.) for commission of offence punishable under Section 8/15 and 29 of Narcotics Drugs and Psychotropic Substances Act, 1985.

2. As per the prosecution story, on 30/05/2022 police received a discrete information from the informant. Act upon the said information, police party reached on the spot and intercepted a white colour Hyundai I-20 Car and recovered 50 Kilograms Poppy Straw from the possession of the present applicant. Accordingly a case has been registered against the applicant.

3. Learned counsel for the applicant submits that applicant is innocent and he has been falsely implicated in this matter.

4. Applicant is in custody since 30/05/2022. The seized quantity of contraband is below than the commercial quantity. Investigation is over and charge sheet has been filed, therefore, no further custodial interrogation of the applicant is required. Applicant is the permanent resident of District Badmer (Rajasthan) and final conclusion of trial will take considerable long time. Hence, he prays that applicant be released on bail.

5. Per-contra, learned counsel for the respondent/State opposes the bail application and prays for its rejection by submiting that three criminal antecedents have been found against the applicant but none of them is realted with the NDPS Act. Applicant is a habitual offender, therefore, he does not entitled to be released on bail.

6. Perused the case diary as well as the impugned order of the Court below. After considering all the facts and circumstances of the case, nature and gravity of allegation as also taking note of sub section (viia) of Section 2 of the NDPS Act, which provides 'commercial quantity, in relation to narcotic drugs and psychotropic substances, means any quantity greater than the quantity specified by the Central Government by notification in the Official Gazette.'

7. Therefore, it is clear that seized quantity of the contraband in the present case is 50 Kilogram, which is not greater than the quantity specified by the Central Government by notification in the Official Gazette.

8. Hon'ble the apex Court in the case of State through Intelligence Officer, Narcotics Control Bureau Vs. Mushtaq Ahmad and Others reported in (2016) 1 SCC 315, has held that if the seized item from the accused is lesser than the commercial quantity, then he may be released on bail.

9. Applicant is in custody since 30/05/2022; seized quantity of contraband is below than the commercial quantity, therefore bar under Section 37 of the NDPS Act would not be attracted; investigation is over, therefore, no further custodial interrogation of the applicant is required and final conclusion of trial will take considerable long time. In these circumstances, I deem it proper to release the applicant on bail.

10. Accordingly, without commenting upon the merits of the case, the application is allowed. It is directed that the applicant be released on bail upon his furnishing personal bond in the sum of Rs.1,50,000/- (Rupees One Lac Fifty Thousand Only) with two solvent sureties, out of which one should be local, in the like amount to the satisfaction of the trial Court for his appearance before the trial Court, as and when required. He shall abide by the conditions enumerated u/S. 437(3) Cr.P.C. Certified copy as per rules.