CENTRAL NARCOTICS BUREAU Vs. RAJA @ RANA,PRATAPGARH

JUDGEMENT

(1.) THE applicant Central Narcotics Bureau has directed this revision petition against the order dated 26-6-1996 passed by the Additional Sessions Judge (Special Judge), Mandsaur in bail application No. 484/96, thereby allowing the bail to the non-applicant during the pendency of the trial.

(2.) THE facts of the case in short are that or 30th May, 1996 at Check Post Jamalpura, district Mandsaur, the checking party of Narcotics Bureau checked the passenger bus bearing registration No. RJ 27/P-1338 coming from Mandsaur and going towards Udaypur. During checking, one Hariram was found in possession of 850 gms. of opium without holding valid licence. On interrogation, said Hariram informed that he and non-applicant Raja @ Rana purchased the said opium for their personal use at Rs. 9000. In the statement recorded under Section 67 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the Act') both Hariram and the non-applicant admitted the fact of purchase of seized opium. A case was registered against the non-applicant and co-accused Hariram under Section 8/18 of the Act and they were arrested.

(3.) I have heard Shri A H. Khan learned Counsel appearing for the applicant/ Department. None appeared for the non-applicant.