(1.) This is the first bail application filed by the applicant under Sec. 439 of Criminal Procedure Code, 1973, as he / she is implicated in connection with Crime No.135/2022 registered at Police Station Chimanganj Mandi, District Ujjain (MP) for offence punishable under Sec. 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The applicant is in custody since 17/02/2022.
(2.) It is stated in the application that the quantity of contraband seized from the applicant is 12.300 kg which is non commercial quantity as the commercial quantity of cannabis is 20 kg. It is further stated that the applicant is lodged in jail since 17/02/2022, there are no criminal antecedents of the applicant and the final conclusion of the trial is likely to take sufficient long time. Hence, it is prayed that the bail application be allowed and he be released on bail.
(3.) Having considered the rival submissions, perusal of the case diary and considering the fact that there are no criminal antecedents against the applicant, the quantity of contraband seized from the applicant is non commercial and final conclusion of the trial is likely to take sufficient long time, in the considered opinion of this Court, the applicant's application deserves to be allowed on certain strict terms.