SATPAL @ SATTA Vs. STATE OF HARYANA

JUDGEMENT

(1.) HEARD . According to the prosecution, 4 kgs. of poppy husk was recovered from the possession of the accused on 16.9.2001.

(2.) LEARNED counsel for the petitioner submits that the recovery of the poppy husk weighing 4 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 as these lay down that before 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. He submits that the grant of bail in such cases would be governed by the provisions of Section 439 of the Code of Criminal Procedure. He further submits that the trial will take a long time and it would be unjust to keep the accused in custody in such circumstances indefinitely.