Ishaak Khan S/o Asgar Khan @APPELLANT@Hash State Of Rajasthan

Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

The petitioner has been arrested in FIR No.34/2011 of Police Station Bhaisroadgarh, Distt. Chittorgarh for the offence punishable under Section 8/25

of the NDPS Act. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has argued that as per the prosecution story, two co-accused persons namely Karan Singh and Arif Khan were

apprehended while carrying 450 kg of poppy husk in a pickup bearing registration No.RJ-23-GA-3390. It is submitted that the trial court vide judgment

dated 1.7.2017 has convicted and sentenced co-accused Karan Singh and Arif Khan for the offence punishable under Section 8/15(b) of the NDPS

Act, 1985 while holding that they are liable to be convicted only for transporting below commercial quantity of narcotic contraband. It is further

submitted that as per the charge-sheet, the petitioner has been implicated in this case because he is the registered owner of the above referred pickup,

in which, co-accused Karan Singh and Arif Khan were transporting the narcotic contraband. It is argued by learned counsel for the petitioner that

even as per the charge-sheet, the petitioner was not present when the narcotic contraband was recovered. It is also argued that when co-accused

Karan Singh and Arif have been convicted only for transporting the narcotic contraband, which is below commercial quantity, the petitioner is entitled

to be released on bail.

Learned Public Prosecutor has opposed the bail application.

Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and

proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner â€" Ishaak Khan S/o Asgar Khan shall be

released on bail in connection with FIR No.34/2011 of Police Station Bhaisroadgarh, Distt. Chittorgarh provided he executes a personal bond in the

sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that

court on each and every date of hearing and whenever called upon to do so till the completion of the trial.