URMILA Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner is alleged to have been found in possession of 2.00 Kgs of charas. Learned counsel contends that in the case of the opium the commercial quantity has been fixed as 2.50 kgs but in the case of charas the commercial quantity has been fixed as 1.00 kg, whereas on the other hand the small quantity of opium is 250 grams and charas is 1.00 kg, therefore, the commercial quantity of charas should be atleast four times that of opium. An amolous situation indeed.

(2.) BE that as it may, the legislature has in its wisdom laid down the extent of small and commercial quantities of various drugs. 2.00 kgs, of charas is covered under commercial quantity. Nevertheless, the petitioner has been in custody since February 2000. Counsel contends that the petitioner has five minor children and they are being deprived of maternal love, affection and care and this might have deleterious effect on their personality. The contention is valid. The petitioner is admitted to bail. She shall be so released on bail on furnishing personal bond in the sum of Rs. 1.00 lac with two local solvent sureties in the like amount to the satisfaction of CJM, Panipat. Learned CJM may impose any other conditions that he may deem fit to ensure that the petitioner, being a resident of Gorakhpur (UP), does not abscond. Petition allowed.