Bail may be granted when contraband is below commercial quantity, no prior similar cases exist, and judicial custody is prolonged.

Order

17/01/2025

1. This application for bail under Section 483 BNSS (Section 439 Cr.P.C.) has been filed by the petitioners who have been arrested in connection with F.I.R. No.484/2024 registered at Police Station Kotwali Pali, District Pali, for offences under Sections 8/22 of the NDPS Act.

2. Heard learned counsel for the petitioners as also learned Public Prosecutor and perused the material available on record.

3. This Court vide order dated 03.01.2025 directed learned Public Prosecutor to call for the FSL report. In compliance of this Court’s order dated 03.01.2025, learned Public Prosecutor has produced the FSL report. The relevant portion of the FSL report dated 10.01.2025 is reproduced herein below for ready reference:

“RESULT OF EXAMINATION On micro chemical analysis:-

The sample packed in each of the packets marked RS-01/A and RS-01/B gave positive tests for the presence of Mephedrone (4-Methylmethcathinone). Presence of MDMA could not be detected in each of the sample packed in the packet marked RS-01/A and RS-01/B.

4. In view of FSL report dated 10.01.2025, this Court prima facie finds that the contraband recovered from the conscious possession of the present petitioners is below commercial quantity. This Court further prima facie finds that no case of similar nature is pending against the present petitioners and the prosecution has not shown any apprehension involving himself in a case of similar nature or fleeing away from justice, in case, he is enlarged on bail by this Court.

5. Lastly, learned counsel for the petitioners submits that the petitioners are in judicial custody and the trial of the case will take sufficiently long time to be concluded, therefore, the benefit of bail may be granted to the accused-petitioners.

6. Per contra, learned Public Prosecutor has vehemently opposed the bail application.

7. Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioners deserves to be accepted.

8. Consequently, the bail application under Section 483 BNSS (Section 439 Cr.P.C.) is allowed. It is ordered that the accused-petitioners (1) Devidan S/o Shri Arjundan and (2) Govindsingh S/o Hadmantsingh, arrested in connection with F.I.R. No.484/2024 registered at Police Station Kotwali Pali, District Pali, shall be released on bail, if not wanted in any other case, provided each of them furnishes a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each, to the satisfaction of learned trial Court, for their appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.

9. It is however, made clear that findings recorded/observations made above are for limited purposes of adjudication of bail application. The trial Court shall not get prejudiced by the same.