The court granted bail to petitioners under the NDPS Act, finding insufficient grounds for continued detention despite the prosecution's claims, emphasizing the need for a fair trial.

Order

1. The petitioners are under arrested in connection with crime registered pursuant to F.I.R. No.41/2024 of Police Station Abu Road Sadar, District Sirohi in respect of offence punishable under section(s) 8/15 and 8/29 of Narcotic Drugs and Psychotropic Substances Act, 1985 . They have approached this Court by way of this application for bail under Section 439 Cr.P.C. (Section 483 of BNSS, 2023).

2. I have considered the rival submissions made by learned counsel for the applicants as well as learned public prosecutor and perused the record.

3. Learned Public Prosecutor for the State has strongly objected the different submissions made by learned counsel for the applicants and submitted that 800 gms. of contraband poppy straw recovered in this matter falls within the ambit of commercial quantity and the bar as contained in Section 37 of the NDPS Act is attracted. He further submits that the seizure and sampling was in consonance with the procedure and the shortcomings pointed out by the learned counsel for the petitioners cannot be considered at this stage and are to be decided after trial only. It is further argued that there is overwhelming evidence adduced on record suggestive of the fact that bail petitioners indulge in illegal trade of narcotics; that the petitioners do not deserve any sympathy as the petitioners are drug peddlers. He thus, craves rejection of the applicants’ bail applications.

4. I have given my anxious consideration to the rival submissions with reference to material placed before me.

5. On perusal of the record and upon consideration of the submissions, it would be prima facie clear that charge-sheet in the matter has been filed in the matter after investigation. On the spot of recovery contraband was seized from two persons namely Narendra and Bhoni Shankar. Petitioner Pushkar Nagda is being implicated as owner of the impugned vehicle for the offence punishable under Section 8/25 of the NDPS Act whereas he was not found carrying the contraband or along with the contraband. Another petitioner Prakash is being implicated on the information of co-accused to the effect that the contraband was intended to be delivered to him. Prima facie, they are not the principal accused and have no antecedents under the NDPS Act. Both the petitioners are in custody since 20.06.2024 and 19.03.2024 respectively.

6. Having considered the material available on record; the arguments advanced by counsel for the applicant particularly the facts narrated above and the fact that trial is likely to take its own considerable time and taking note of all these aspects, I do not intend to go into the merits of the matter but of the considered view that the rigor of Section 37 of the N.D.P.S. act is duly satisfied, forasmuch this court feels that the applicant has available to him substantial grounds so as to question the prosecution case and no useful purpose would be served by keeping the applicants in detention for an indefinite period therefore, I am inclined to grant indulgence of bail to the petitioner at this stage.

7. Consequently, the present bail applications are allowed and it is directed that the accused-petitioners Pushkar Nagada S/o Sri Kailashchandra and Prakash S/o Manglaram, arrested in connection with the F.I.R. No.41/2024 of Police Station Abu Road Sadar, District Sirohi shall be released on bail provided each of them furnish a personal bond and two surety bonds of sufficient amount to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so. This order is subject to the condition that accused, within 7 days of their release, and sureties on the day of furnishing bail, will also furnish details of their all bank accounts, with bank and branch name, in shape of an affidavit, and submit legible copy of their Aadhar cards as well as copy of front page of Bank pass book, for smooth recovery of penalty amount, if there arise a n