KISMAT ALI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has been arrested in connection with FIR No.124/2023 of Police Station Mandafiya, Distt. Chittorgarh for the offence punishable under Ss. 8/18 and 29 of NDPS Act. He has preferred this bail application under Sec. 439 Cr.P.C.

(2.) Counsel for the petitioner submits that no recovery has been made from the possession of the petitioner and after his arrest, an information under Sec. 27 of the Evidence Act has been received, in which it has only been mentioned that the petitioner gave 1.5 Kg. opium to the main accused Bheru Lal, which is also below commercial quantity. 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 Public Prosecutor 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.