HARI OM LOHAR Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned PP and perused the case diary.

(2.) According to the prosecution case, accused Mahavir was apprehended with 2.90 grams opium on 25.10.2001. This accused Mahavir has disclosed before the I.O. that he purchased it from the accused petitioner Hariom Lohar. After investigation the accused Mahavir was challaned under Sec. 8/19 of the N.D.PS. Act while accused petitioner Hariom Lohar was challaned under Sec. 8/29 of the N.D.PS. Act. No recovery what-so-ever was made from the accused petitioner- According to the amended provisions of Sec. 37 of the Act, 1985, there is no bar to grant bail in such offences in which contravened article less than commercial quantity is recovered.

(3.) Taking into consideration the facts and circumstances of the case, it is just and proper to grant bail to the petitioner under Sec. 439 Cr.PC.