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Judgment
Manoj Kumar Garg, J
The petitioner has been arrested in connection with FIR No.18/2022 of Police Station CBN Neemuch, District Chittorgarh, for the offence punishable under Sections 8/18, 15 of NDPS Act. He has preferred this second bail application under Section 439 Cr.P.C.
The first bail application was dismissed on 07.11.2023 as not pressed with liberty to file afresh after recording the statement of the Investigating Officer.
Learned counsel for the petitioner submits that now the statement of the Investigating Officer has been recorded before the trial court as PW-6. Counsel submits that the recovery of contraband was made from the petitioner on 24.09.2022 at 5:50 AM, whereas according to the arrest memo, the petitioner was arrested at 7:00 PM. Counsel further submits that the petitioner was a valid licence holder of the said substance, which was valid from 01.10.2021 to 30.09.2022 and the recovery in this case was made on 24.09.2022. Thus, at the time of recovery, the petitioner was a valid licence holder. It is further submitted that the recovery was made at Kapasan, but the recovery memo and other documents were prepared at Neemuch, which is about 90 Kms away from Kapasan. The accused-petitioner is in custody since 24.09.2022 and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.
Learned Special Public Prosecutor has opposed the second bail application and submitted that the petitioner deposited the remaining quantity of contraband on 15.04.2022. Thus, the recovery made from the possession of the petitioner shows that the petitioner was indulged in such illegal activities and the recovered contraband is not related to the substance as mentioned in the licence of the petitioner. The recovered contraband is above commercial quantity. In such circumstances, the benefit of bail should not be granted to the petitioner.
Having regard to the totality of the facts and circumstances of the case and considering the fact that there is clear cut violation of provisions of Section 52-A of NDPS Act, 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, the second bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Pyaarchand S/o Shri Amarchand shall be released on bail in connection with FIR No.18/2022 of Police Station CBN Neemuch, District Chittorgarh, provided he executes a personal bond in a sum of Rs.2,00,000/-with two sound and solvent sureties of Rs.1,00,000/- 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.