DOLARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioners have been arrested in connection with FIR No.394/2021 registered at Police Station Pipad, District Jodhpur for the offence punishable under Ss. 8/18, 21, 29 in Bail Application No. 7900/2022 and under Ss. 8/18, 21 in Bail Application No. 1163/2022 of NDPS Act respectively. They have preferred these bail applications under Sec. 439 Cr.P.C.

(2.) Learned counsel for the petitioners submits that 50 gram opium milk and 56 gram smack have been recovered from the possession of petitioners, which are below commercial quantity. He further submits that 18 gram of MDMA was also recovered from the possession of the present petitioners and now, FSL report has been received in which the sample contains a positive test for the presence of Mephedrone. According to the Gazette notification which has been issued by the Government of India dtd. 5/2/2015, 2 gram of contraband is small quantity and 50 gram is commercial quantity whereas, admitedly, in the present case, 18 grams of MDMA has been recovered which is below commercial quantity. Challan has been presented. The accused-petitioners are 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-petitioners.

(3.) Learned Public Prosecutor has opposed the bail applications. 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 petitioners under Sec. 439 Cr.P.C.