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Judgment
Heard learned counsel for the petitioner and learned Public
Prosecutor. Perused the material available on record.
The instant bail application under Section 439 Cr.P.C. has
been preferred on behalf of the petitioner who is in custody in
connection with F.I.R. No.102/2017, registered at Police Station
Bilara, District Jodhpur for the offence under Section 8 / 18 of the
NDPS Act.
The petitioner was apprehended on 9.3.2017 while
smuggling 1 kg. 300 gms. of contraband opium. Investigation is
complete and charge-sheet has been submitted for the above
offence which carries maximum punishment of ten years. As per
charge-sheet, the petitioner does not have any criminal
antecedents. Since the recovered contraband is below commercial quantity, the restrictions contained in Section 37 of the NDPS Act
do not apply.
In this background and having regard to the facts and
circumstances available on record but without expressing any
opinion on the merits of the case, this Court is of the opinion that
the petitioner deserves to be released on bail.
Accordingly, the bail application under Section 439 Cr.P.C. is
allowed and it is directed that the petitioner Pukhraj arrested in
connection with F.I.R. No.102/2017, registered at Police Station
Bilara, District Jodhpur shall be released on bail provided he
furnishes a personal bond of Rs.50,000/- and two surety bonds of
Rs.25,000/- each 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.