Order

24/03/2025

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. 14/2025 registered at Police Station Jhalrapatan, District Jhalawar for the offence(s) under Section 8/22 of the NDPS Act.

2. Learned counsel for the petitioner submits that the accused- petitioner has falsely been implicated in this case. Pursuant to the order dated 06.03.2025, concerned Investigating Officer appeared before the court on 10.03.2025 and stated that the contraband article recovered from the petitioner’s possession was MDMA and not methamphetamine. Investigating Officer also apprised the court that proceedings under Section 52-A of the NDPS Act have been conducted and this court directed the investigating officer to is also contended that the police has charge-sheeted the accused- petitioner within a period of 60 days, meaning thereby the recovered quantity of contraband article i.e. MDMA from the petitioner’s possession is below commercial quantity. It is also contended that the report of proceedings under Section 52-A of the NDPS Act, prepared by concerned Magistrate shows that weight of MDMA alongwith the polythene pouch found to be 10 grams and the weight of the plastic pouch was found to be 01 gram, thus it is apparent that quantity recovered from the petitioner’s possession is approximately 9 gram which is 01 gram short from the commercial quantity. Learned counsel further submits that there are no criminal antecedents against the accused-petitioner. Accused-petitioner is in custody since long and the trial of the case will take considerable time, therefore, the benefit of grant of bail may be granted to the accused-petitioner.

3. Per contra, learned Public Prosecutor opposes the grant of bail application and submitted the factual report alongwith the report of proceedings conducted under Section 52-A of the NDPS Act.

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

5. Considering the fact that concerned Magistrate who conducted the proceedings under Section 52-A of the NDPS Act has taken the weight of contraband article i.e. MDMA alongwith the plastic pouch weighing 10 grams, the weight of the plastic pouch was found to be 01 gram thus the quantity recovered from the petitioner’s possession is slightly below commercial quantity i.e. 9 grams. Furthermore FSL report is still pending and is not placed on record alongwith the charge-sheet. Whether the substance recovered from the petitioner’s possession is MDMA or methamphetamine is a matter of forensic analysis, therefore considering the above facts and without commenting anything on the merits of the case, 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 Farhan S/o Abdul Fareed, in connection with FIR No. 14/2025 registered at Police Station Jhalrapatan, District Jhalawar shall be enlarged on bail provided she 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 for her appearance before the court concerned on all the dates of hearing as and when called upon to do so.

(PRAVEER BHATNAGAR),J ashu /14 Powerd by TCPDF (w.tcpdf.org)