PAWAN BISHNOI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has been arrested in connection with FIR No.21/2022 of Police Station Sadar Bikaner, Distt. Bikaner for the offence punishable under Ss. 8/21 and 8/29 of NDPS Act. He has preferred this bail application under Sec. 439 Cr.P.C.

(2.) Counsel for the petitioner submits that the recovery was made from the possession of the co-accused Gulfaam and the present petitioner was implicated in this case with the aid of Sec. 8/29 of NDPS Act. He further submits that the FSL report has been received, in which the packet contains Methamphetamine and according to the table of NDPS Act at Serial No.159, below commercial quantity of Methamphetamine is upto 50 gram and the recovery was made from the possession of the co-accused Gulfaam is 30 gram MMDA, which comes in below commercial quantity. Challan of the case has already been presented. The accused-petitioner is in judicial custody 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.

(3.) Learned Addl. Advocate General has opposed the bail application. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Sec. 439 Cr.P.C.