The court granted bail under Section 439 Cr.P.C. despite the commercial quantity of narcotics, citing substantial grounds to question the prosecution's case and the likelihood of trial delays.

Order

1. The applicants are under arrest in connection with crime registered pursuant to F.I.R. Number 124/2022 of Police Station Borunda District Jodhpur in respect of offence punishable under section(s) 8/15 of Narcotic Drugs and Psychotropic Substances Act, 1985. They have approached this Court by way of these applications for bail under Section 439 Cr.P.C. (Section 483 of BNSS of new code).

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 958.100 Kgs. of contraband poppy straw recovered in these matters falls within the ambit of commercial quantity and the bar as contained in Section 37 of the NDPS Act is attracted. It is further argued that there is overwhelming evidence adduced on record suggestive of the fact that bail petitioners indulges in illegal trade of narcotics; that the petitioners does not deserve any sympathy as the petitioners are drug peddler. 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 clear that so far as petitioner Irshad Hussain is concerned, allegation levelled against him is that he drove the impugned vehicle from the place of procurement of contraband to some extent and thereafter left the vehicle at a hotel. He is in custody since 23.02.2024. So far as another petitioner Sohan Lal @ Sonu is concerned, as per the Seizure Officer (PW-1) Hukamgiri, petitioner Sohan Lal has been implicated in this case being owner of the vehicle. The owner of the Bada Moti Ram has already been enlarged on bail by a co-ordinate Bench of this Court vide order dated 16.10.2023. Petitioner Sohan Lal is in custody since 28.01.2024.

6. Having considered the material available on record; the arguments advanced by counsel for the applicants 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 applicants have available to them 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 petitioners at this stage.

7. Consequently, the present bail applications are allowed and it is directed that the accused-petitioners 1.Irshad Hussain S/o Shri Munshi Shah and 2.Sohan Lal @ Sonu S/o Heera Lal, arrested in connection with the F.I.R. No.124/2022 of Police Station Borunda District Jodhpur shall be released on bail provided they 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 need for recovery of penalty under Section 446 Cr.P.C in future.