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1989 DIGILAW 557 (RAJ)

Anil Kumar Mehra v. State Of Rajasthan

1989-08-04

I.S.ISRANI

body1989
JUDGMENT 1. - Heard both the parties. 2. This is application under Section 439 Criminal Procedure Code in which the petitioner is alleged to have committed offence Under Section 20 of the NDPC Act. 3. It is pointed out by Shri Kasliwal learned Counsel for the petitioner that the incident took place on 31-1-1989 when it is alleged that the petitioner was found to be in possession of 15 Grams Smack and was arrested. It is contended that the first bail application of the petitioner was rejected on 25-5-1989. It is submitted by the learned Counsel that the quantity of smack is only 15 grams and the report of the Chemical Examiner has not yet come even though more than six months have passed away. The learned Counsel has given his own version of the incident. 4. It is pointed out by Shri Sharma, learned Public Prosecutor that the material has been sent for chemical examination to Laboratory at Calcutta and the report has not yet been received even though time was granted from this Court for this purpose. 5. The provisions of Narcotic Drugs And Psychotropic Substances Act have been made stringent and in many cases the minimum sentence awarded is ten years and therefore, the Courts are also reluctant to grant bail to the persons who are alleged to have committed offence under the provisions of the said act. How ever, it is also necessary that in such circumstances, there should be no delay in placing material before the Court on the basis of which it can come to the conclusion when such applications are put up for consideration. In this case more than six months have passed away but the Chemical Examination Report has not yet come which seems to be rather unreasonable delay. It is desirable that report of chemical examination should be made available as soon as possible so that the Courts are able to have the report before then at the time of deciding such applications. Absence of such important documents inspite of giving chance to produce the same generally, goes in favour of the accused persons. 6. Reliance has been placed on 1988 (2) RLR 623 . 7. Absence of such important documents inspite of giving chance to produce the same generally, goes in favour of the accused persons. 6. Reliance has been placed on 1988 (2) RLR 623 . 7. In the facts and circumstances of the case, I am inclined to grant bail to the petitioner Anil Kumar, provided he furnishes a personal bail bond of L 30,000/-with two sureties in the sum of L 15,000/- each, to the satisfaction of the trial court with the stipulation to appear in that Court on each and every date of hearing during the pendency of the trial against him in this case.Bail granted. *******