MOHD. TAHIR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present bail application has been filed under Sec. 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.397/2021 Registered at Police Station Gumanpura, Kota City for the offence(s) under Sec. 8/20 NDPS Act.

(2.) Counsel for the petitioner submits that the petitioner has been wrongly implicated in this case. Petitioner is behind the bars since 17/9/2021. Chargesheet has been filed against the petitioner. Learned counsel for the petitioner also submits that as per Sec. 2 (vii-a) of NDPS Act, commercial quantity means any quantity greater than the quantity specified by the Central Government by notification in the Official Gazette. Therefore, as per definition, the commercial quantity would be above 1 KG. Learned counsel for the petitioner submits that contraband articles recovered from the petitioner is below the commercial quantity. Conclusion of trial may take long time.

(3.) Learned Public Prosecutor has opposed the bail application.