AN ACCUSED IS ENTITLED TO BAIL IF THE SEIZED QUANTITY OF CONTRABAND (GANJA) IS LITTLE MORE THAN THE PRESCRIBED SMALL QUANTITY, THE TRIAL OF THE CASE WILL TAKE CONSIDERABLE TIME, AND THE ACCUSED HAS NO PREVIOUS CRIMINAL ANTECEDENT UNDER THE NDPS ACT.

ORDER

This is first application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail relating to FIR No.55/2024, dated 01.02.2024 registered at Police Station-Amanganj, District-Panna (MP) for commission of offence punishable under Section 8/20 of Narcotic Drugs and Psychotropic Substances Act, 1985. He is in detention since 01.02.2024. 2. As per the prosecution story, on 01.02.2024, applicant was found in possession of 1.260 kgs. contraband (Ganja). F.I.R. was registered and since then, applicant is in detention.

3 . Learned counsel for the applicant has submitted that applicant is in detention since 01.02.2024. He has not committed any offence. He is innocent. He has been falsely implicated. He has no previous criminal antecedent under the NDPS Act. It is submitted that no contraband (Ganja) was seized from his possession. The seized quantity of contraband (Ganja) is little more than the prescribed small quantity. The trial of the case will take considerable time. On the aforesaid pretext, it is prayed that the applicant may be released on bail, pending the trial.

4 . O n the other hand, learned counsel for the State has opposed the prayer for grant of bail to the applicant.

5. Having taken into consideration all the facts & circumstances of the case and the submissions put-forth by learned counsel for the applicant including the fact that final conclusion of trial will take considerable time, but without expressing anything on the merits of the case, I am of the view that it is a case in which further pre-trial detention of the applicant is not warranted.

Consequently, this bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant, stands allowed.

6. It is directed that applicant - Narendra Sharma be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, for his regular appearance before the trial Court during trial with a condition that he shall remain present before the concerned Court on all the dates fixed by it during trial. He shall abide by all the conditions enumerated under Section 437(3) of Cr.P.C. 7. This order shall be effective till the end of the trial. However, in case o f bail jump and breach of any of the conditions of bail, it shall become ineffective.

Certified copy as per rules.