GHANSHYAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This second application for bail under Sec. 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.207/2023 registered at Police Station Chhoti Sadri, Dist. Pratapgarh, for the offence under Sec. 8/18 of the NDPS Act.

(2.) Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

(3.) Learned counsel for the petitioner submitted that as per prosecution, recovery of contraband (opium) weighing 2.700 Kgs. was effected from the constructive possession of the present petitioner. Learned counsel submitted that commercial quantity of the opium, as defined under the NDPS Act, is 2.500 Kgs. and thus, the recovered contraband is only 200 gms. higher than the commercial quantity. Learned counsel submitted that the petitioner is in judicial custody and is not involved in any other case of similar nature. Lastly, learned counsel submitted that the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioner.