Ghanshyam vs State Of Rajasthan

Kuldeep Mathur, J

This second application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.207/2023 registered at Police Station Chhoti Sadri, Dist. Pratapgarh, for the offence under Section 8/18 of the NDPS Act.

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

Learned counsel for the petitioner submitted that as per prosecution, recovery of contraband (opium) weighing 2.700 Kgs. was effected from the constructive possession of the present petitioner. Learned counsel submitted that commercial quantity of the opium, as defined under the NDPS Act, is 2.500 Kgs. and thus, the recovered contraband is only 200 gms. higher than the commercial quantity. Learned counsel submitted that the petitioner is in judicial custody and is not involved in any other case of similar nature. Lastly, learned counsel submitted that the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioner.

Per contra, learned Public Prosecutor has opposed the bail application. However, he was not in a position to refute the fact that the commercial quantity of opium as defined under the NDPS Act is 2.500 Kgs.

Having considered the rival submissions, facts and circumstances of the case, This Court prima facie finds that the quantity of recovered contraband is marginally higher than the commercial quantity. This Court also prima facie finds that the petitioner is in judicial custody since August, 2023; the petitioner is not involved in any other case of similar nature and the trial of the case is likely to consume sufficiently long time.

Thus, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

Consequently, the second bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Ghanshyam S/o Shri Goverdhan Lal arrested in connection with F.I.R. No.207/2023 registered at Police Station Chhoti Sadri, Dist. Pratapgarh, shall be released on bail, if not wanted in any other case, provided he 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 his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.