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Rajasthan High Court · body

2015 DIGILAW 895 (RAJ)

Raj Kumar v. State of Rajasthan

2015-04-22

BANWARI LAL SHARMA

body2015
JUDGMENT 1. - The present Bail Application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in custody in connection with F.I.R. No. 201/2014, Police Station - Hamirawas, District - Churu, for the offences under Section 8/18 of the Narcotic Drugs and Psychotropic Substances Act. 2. Learned Counsel for the petitioner submits that recovered contraband opium is of 1 Kg 100 gms which is less than commercial quantity, therefore, provisions of Section 37 of the Narcotic Drugs and Psychotropic Substances Ad are not applicable in this case and petitioner is in custody since 22.7.2014 therefore, the Bail Application of present petitioner may be accepted. 3. Learned Public Prosecutor has opposed the Bail Application in general. 4. Heard learned Counsel for the petitioner and learned Public Prosecutor. 5. Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced at the bar and looking to the fact that provisions of Section 37 of the Narcotic Drugs and Psychotropic Substances Act ire net applicable in this case, therefore, this Court is of the opinion that the Bail Application filed by the petitioner deserves to be accepted. 6. Consequently, the Bail Application is allowed. It is ordered that the accused-petitioner Raj Kumar S/o Hemraj Sikligar in connection with F.I.R. No. 201/2014 Police Station Hamirwas, District-Churu, shall be released on bail; provided the furnishes a personal bond of Rs. 50,000/- and two surety bonds of Rs. 25,000/- each to the satisfaction of the learned Trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.Bail application allowed. *******