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Judgment
Since the aforesaid two bail applications have been filed against the same crime number, they were clubbed and heard together and being disposed of by this common order.
The applicants have preferred these First Bail Applications under Section 439 of Cr.P.C. for grant of regular bail, as they have been arrested in connection with Crime No.733/2023, registered at Police Station Civil Lines, Bilaspur, District-Bilaspur (CG) for the offence punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act.
The prosecution story, in brief, is that the police has received secret information on 6.8.2023 and on the basis of said information, the police party conducted raid and recovered 8.500 kg. of contraband article ganja from the possession of applicant-Amon Ali and 9.200 kg. from applicant-Kurban Ali, thereafter, the police has registered the crime and arrested the present applicants.
It has been argued by the learned counsel for the applicants that from the possession of the present applicants intermediate quantity of the psychotropic substance Ganja has been seized and therefore, it will not attract the rigors of Section 37 of the NDPS Act as the commercial quantity for Ganja as prescribed under the schedule is more than 20 Kgs. and from the possession of applicant-Amon Ali only 8.500 kg. of Ganja has been seized and 9.200 kg. from applicant-Kurban Ali. It has been further argued that there are no criminal antecedents of NDPS Act or any other criminal case against the present applicants. It is also submitted that the applicant are in jail since 06.08.2023, hence they pray that the applicants be enlarged on bail.
On the other hand, the learned counsel for the State opposes the bail applications but admits the fact that the applicants have no criminal antecedents under the NDPS Act or of any other nature. It is submitted that 8.500 kg. of Ganja has been seized from the possession of applicant-Amon Ali and 9.200 kg. from applicant-Kurban Ali, therefore, their bail applications are liable to be rejected.
Heard learned counsel for the parties and perused the case diary.
After hearing the learned counsel for the parties and considering the quantity of psychotropic substance Ganja seized from the possession of the applicants i.e. 8.500 kgs. and 9.200 kgs., which is less than commercial quantity, the applicants have no criminal antecedents under the NDPS Act or of any other nature and the conclusion of the trial is likely to take sometime, and further that the applicants are in jail since 06.08.2023, I am of the opinion that the applicants are entitled to be released on bail in this case without commenting on the merits of the case.
Let applicants, Amon Ali and Kurban Ali involved in Crime No.733/2023, registered at Police Station Civil Lines, Bilaspur District- Bilaspur, C.G. for the offence punishable under Sections 20(B) of the NDPS Act, 1985, be released on bail on their furnishing a personal bond with two local sureties each in the like sum to the satisfaction of the court concerned with the following conditions:-
(i) The applicants shall file undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(ii) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code.
(iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law.
However, this Court hopes and trusts that the trial Court shall make earnest endeavour to conclude the trial expeditiously preferably within a period of six months, if there is no legal impediment.
Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith.