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Judgment
Kuldeep Mathur, J
This 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.681/2023 registered at Police Station Pratapnagar, Dist. Udaipur, for the offences under Sections 8/20, 8/22 of NDPS Act and Section 3/25 Arms Act.
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
This Court vide order dated 22.04.2024 directed the learned Public Prosecutor to call for the FSL report. In compliance of this Courts order dated 22.04.2024, learned Public Prosecutor has produced a copy of the FSL report dated 07.05.2024 for the perusal of this Court. The relevant portion of the FSL report dated 07.05.2024 reads as under:-
"RESULT OF EXAMINATION
On micro chemical & instrumental analysis:-The sample packed in each of the packet marked A & SB1 gave positive tests for the presence of methamphetamne and mephedrone which is induced in the list of psychotropic substances as per clause xxiii of section 2 in the NDPS Act.
On microscopic & microchemical analysis:- The sample packed in the packet marked C was found to contain ganja as described undet Section 2(iii)(b) of the NDPS act, 1985."
Learned counsel for the petitioner submitted that from the perusal of the FSL report, it is evident that the contraband recovered from the petitioner is below commercial quantity.
Learned counsel submitted that co-accused Rahul (S.B. Criminal Miscellaneous Bail Application No.10756/2023) has already been enlarged on bail by this Court vide order dated 25.08.2023.
Learned counsel further submitted that the petitioner is in judicial custody; no case of the similar nature is pending against the present petitioner and 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 vehemently opposed the bail application. However, he was not in a position to refute the fact that the above named co-accused person has already been enlarged on bail.
Having considered the rival submissions, facts and circumstances of the case and after perusing the FSL report dated 07.05.2024, this Court prima facie finds that the contraband recovered from the conscious possession of the present petitioner was below commercial quantity. Thus, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.
Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Ganpat @ Ankush S/o Prakash arrested in connection with F.I.R. No.681/2023 registered at Police Station Pratapnagar, Dist. Udaipur, 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.