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2004 DIGILAW 818 (PNJ)

Ramesh v. State of Haryana

2004-08-03

S.S.SARON

body2004
ORDER S.S. Saron, J. - Learned counsel for the appellant/applicant submits that the appellant/applicant is in custody since 7.3.2001 and in this manner he has undergone about one year and five months of imprisonment. It is further contended that the petitioner is entitled to bail on the strength of the judgment of this Court in Hem Raj v. State of Punjab, 2004(1) RCR(Crl.) 359 (P&H). 2. In response, learned counsel for the State has opposed the prayer for bail on the ground that the recovery effected is commercial quantity. 3. I have given my thoughtful consideration to the respective contentions of the learned counsel for the parties. 4. It is appropriate to note that the petitioner was convicted by the learned trial Court for the offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (Act - for short) for having 2 kgs. of charas in his possession without any permit or licence. The same is commercial quantity. 5. This Court in the case of Hem Raj v. State of Punjab, (supra) wherein commercial quantity of charas was recovered, observed that there is apparent dichotomy between the commercial quantities defined for charas and other drugs like opium and heroin, this apparent error in the specification of commercial quantity for charas was noticed. It was observed that in the case of opium small quantity is 25 gm and commercial quantity is 2.5 kg. and this shows that commercial quantity is 100 times the small quantity. Besides, in the case of heroin small quantity is 5 gm and commercial quantity is 250 gm - a multiplier of 50. In the case of poppy straw small quantity is 1000 gm and commercial quantity is 50 kg - again multiplier of 50. It was thus observed that in case of opium, heroin and poppy straw the commercial quantity is 50 to 100 times the small quantity but in the case of charas the commercial quantity is only 10 times the small quantity. It was further observed that in potency and harmful effect heroin is the strongest of the four above mentioned drugs. Opium is the next in potency while poppy straw is considered least potent. It is for this reason that the small quantities mentioned for heroin, opium and poppy straw are 5 gm, 25 gm and 1000 gm. It was further observed that in potency and harmful effect heroin is the strongest of the four above mentioned drugs. Opium is the next in potency while poppy straw is considered least potent. It is for this reason that the small quantities mentioned for heroin, opium and poppy straw are 5 gm, 25 gm and 1000 gm. Similarly, the commercial quantity of these drugs are respectively 250 gm, 2.5 kg. and 50 kg. In the case of charas small quantity is 100 gm. which is much more than the quantity specified for heroin and opium but its commercial quantity is less than that prescribed for opium. Commercial quantity for charas being only 1 kg while for opium it is 2.5 kg. The multiplier used in the case of charas is neither 50 nor 100 but merely 10. In the case of coca leaf (entry 26) small quantity is also 100 gm and commercial quantity is mentioned as 2 kg - multiple of 20. This, it was observed, further seemed to strengthen the view that the commercial quantity laid down for charas is proportionately much lower than for other common narcotics like heroin, opium and poppy straw. Consequently, it was held that the recovery of 1.5 kg of charas may be commercial quantity but was not such a huge quantity which should deny bail to the petitioner therein. 6. Keeping in view the afore-stated observations of this Court in the Hem Rajs case (supra) and also the fact that the petitioner has been in custody since 7.3.2001, the sentence of imprisonment of the appellant/applicant shall remain suspended during the pendency of the appeal, subject to the appellant/applicant furnishing personal bond and surety in the like amount to the satisfaction of the learned Chief Judicial Magistrate, Panipat. Besides, the sentence of fine to the extent of Rs. 90,000/- out of Rs. 1 lac. shall remain suspended during the pendency of the appeal. Nothing stated herein shall be taken as an expression on merit of the case. Order accordingly.