BANSHI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Shri Rajawat submits that in this case the allegation is of recovery of smack of 360 MLG. He has also invited my attention to an order dated 25th Nov., 1991, passed in S.B. Cr. Misc. Bail Application No. 3125/1991, in which case the allegation was of recovery of 1.2 gram of smack. No doubt, in this order dated 15th Nov., 1991, passed in S.B Cr. Misc. Bail Application No. 3135/1991, amongst other submissions, this has also been mentioned that the quantity recovered from the possession of the petitioner was very small within the meaning of Sec. 27 of the NDPS Act. But the said submission was totally erroneous because only 250 MLG has been treated as the small quantity in case of smack within the meaning of Sec. 27 of the NDPS Act and, therefore, it cannot be cited as a precedent with reference to the quantity of the smack recovered as smack quantity and since the order has been passed after noting the other submissions also, no causal relationship between the quantity recovered and the passing of the bail order as such can be established.

(2.) However, I find in the facts and circumstances of the case, that the petitioner is in jail since 18th Aug., 1991. The investigation is already over. The quantity of smack recovered is 360 MLG i.e. only little more than small as prescribed under Sec. 27 of the Act. Shri Rajawat submits that this is the first offence of the petitioner. The petitioner is a member of the scheduled caste and he is not a previous convict. Shri Rajawat submits that he is a labourer he is not likely to repeat the offence.

(3.) In the facts and circumstances of the case, I am inclined to grant bail under Sec. 439, Crimial P.C. to the accused-petitioner.