SURENDER SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) This is first application filed under Section 439 of Cr.P.C. for grant of bail in connection with Crime No. 161/2006 registered under Section 8/21 of NDPS Act as Police Station Narcotis Cell, Mandsaur.

(2.) Learned counsel for the applicant submits that total quantity of smack alleged to have been seized is 350 grams. It is submitted that as per FSL report, there was 02.78% diacetylmorphine according to which the quantity of smack was 9.73 grams, which is less than the commercial quantity. Learned counsel submits that applicant in jail since 13.8.2006. Learned counsel for the applicant placed reliance on a decision of Hon ble Apex Court rendered in Criminal Appeal No. 1250/2005 (E. Micheal Raj v. Intelligence Officer, Narcotic Control Bureau).

(3.) Learned counsel appearing for the State has opposed the prayer for grant of bail and submitted that the view taken by the Apex Court was in an appeal and that is not applicable to the facts of the case in hand.