AASH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Present petition under Section 439 of the Code of Criminal Procedure is for grant of regular bail in case bearing FIR No. 59 dated 3.2.2018 under Section 20 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, "the Act") registered at Police Station Kalanaur, District Rohtak.

(2.) Learned counsel for the petitioner submitted the petitioner was merely a driver on vehicle No. UP-52E-9174 from which the contraband was allegedly recovered. Three persons were travelling in the said vehicle and the petitioner was not having conscious possession of the contraband. If the alleged recovery of 92 Kg 500 grams of charas is divided into three persons individually, the same does not come within the parameters of "commercial quantity". The petitioner is in custody since 3.2.2018 and no useful purpose would be served by detaining the petitioner in custody. So, the petitioner be released on bail in this case.

(3.) Learned State counsel opposed the bail application on the ground that the recovery of contraband in this case is of "commercial quantity". The trail of the case is at the fag end. So, the petitioner does not deserve the concession of bail in this case.