SIKANDAR KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present bail applications have been filed under Section 439 Cr.P.C. on behalf of the petitioners, who are in judicial custody in connection with F.I.R. No. 112/2020, Police Station Raisinghnagar, District Sriganganagar, registered for the offences under Sections 08/15, 25 and 29 of the NDPS Act.

(2.) Learned counsel for the petitioners appearing through video conferencing stated that qua the accused-petitioner Sikander, there is allegation of Section 29 of the NDPS Act; that the recovery of the contraband in question was not made from the accused-petitioner Sikander; that total 50 kg. 500 grams of the poppy-husk was recovered in four plastic bags and the weight of the plastic bags is reduced, the recovered quantity of the contraband would remain non-commercial quantity; that in similar circumstances, in a case where recovered quantity of the contraband was 52 kg. 500 grams, the coordinate Bench of this Court had granted the benefit of bail to the accused of that case; and that further trial will take time, therefore, benefit of bail may be granted to the present accused-petitioner.

(3.) Per contra, learned Public Prosecutor, present-in-person has seriously opposed the bail application of the accused-petitioner and stated that admittedly the charge sheet has been filed.