LAXMI NARAYAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Normally the Courts should be reluctant in granting pre-arrest bail in criminal cases registered under the Narcotic Drugs and Psychotropic Substances, Act, 1985. However, the facts of this case reveal that there are exceptional and special circumstances which require consideration the prayer of the petitioner for granting pre-arrest bail.

(2.) Admittedly, as per the prosecution case as disclosed in the report made by the Dy. S.P. Hem Singh at Police Station, Surajgarh, the contraband Ganja was recovered in a gunny bag from the possession of Mukesh and Mukesh alone was present at the time of the recovery of the articles from the house. It further appears that the petitioner is an old man of 70 or 75 years suffering from paralysis and prima facie it does not appear that he was having direct involvement in the case.

(3.) Learned counsel further submits that the petitioner has been residing in other house along with his sons Ram Narain, Suresh and Govind. He further submits that the maximum sentence provided for possessing Ganja is five years under Sec. 20 of the N.D.P.S. Act.