SAHAB SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Heard. According to the prosecution, 5 Kg. of poppy husk was recovered from the possession of the petitioner on 22.9.2001.

(2.) Learned counsel for the petitioner submits that recovery of the poppy husk weighing 5 kgs, is not "commercial quantity" because as per notification dated 19.10.2001 published in the Gazette of India, poppy husk weighing 50 kgs. or more will be "commercial quantity. The provisions of Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 will not apply to such recoveries which lay down that before the grant of bail, the court has to be satisfied that the accused has not committed the offence and further if released on bail, he will not indulge in the commission of that offence. These will apply only to the recoveries above the said limit. He submits that the grant of bail in such cases would be governed by the provisions of Section 439 of the Code of Criminal Procedures. He further submits that the trial will take a long time and it would be unjust to keep the accused in custody for inordinate length of time.

(3.) Looking to the facts and circumstances of the case, I allow bail to the petitioner to the satisfaction of Chief Judicial Magistrate, Kaithal.