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2022 DIGILAW 231 (RAJ)

Mohd. Tahir @ Bhuru v. State Of Rajasthan

2022-01-24

NARENDRA SINGH DHADDHA

body2022
ORDER 1. The present bail application has been filed under Section 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 Section 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 17.09.2021. Chargesheet has been filed against the petitioner. Learned counsel for the petitioner also submits that as per Section 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. 4. Considering the contentions put-forth by the counsel for the petitioner and taking into account the facts and circumstances of the case and without expressing any opinion on the merits of the case, this court deems it just and proper to enlarge the petitioner on bail. 5. Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Mohd. Tahir @ Bhuru S/o Mohd. Shabir shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.