BHAVAR SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) .This is an application under Section 439 of the Criminal Procedure Code, 1973 (for short the Code) for grant of bail.

(2.) ACCORDING to the prosecution, opium weighing 15.650 grams was seized from the residence of the petitioner on 16-9-1989. It is 'narcotic drug' as defined in Section 2 (xiv) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') and its possession by the petitioner was in con­travention of the provisions of Section 8 of the Act. It is urged that he is, therefore, punishable under Section 18 ibid for a term of 10 years in the minimum.

(3.) IT is urged on behalf of the petitioner that in the circumstances, the petitioner is entitled to be released on bail. In support of his submissions the learned Counsel for the petitioner has placed reliance on the decisions in In re, A. Ramaswami's case, AIR 1959 SC 160 : Radhakrishnan's case, AIR 1967 SC 88 and Matadin's case, 1980 Cri LJ 186.