Manoj Kumar Garg, J
The petitioners have been arrested in connection with FIR No.394/2021 registered at Police Station Pipad, District Jodhpur for the offence punishable
under Sections 8/18, 21, 29 in Bail Application No. 7900/2022 and under Sections 8/18, 21 in Bail Application No. 1163/2022 of NDPS Act
respectively. They have preferred these bail applications under Section 439 Cr.P.C.
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 dated 05.02.2015, 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.
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 Section 439 Cr.P.C.
Accordingly, the bail applications filed under Sec.439 Cr.P.C. are allowed and it is directed that petitioners (1) Dolaram S/o Shri Babulal & (2) Bhikha
Ram S/o Danwar Ram, shall be released on bail in connection with FIR No.394/2021 registered at Police Station Pipar, District Jodhpur provided they
execute a personal bond in a sum of Rs.2,00,000/- each with two sound and solvent sureties of Rs.1,00,000/- each to the satisfaction of learned trial
court for their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
