BHANWAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) MR. Singhvi submits that only 40 gms of opium has been recovered and the petitioner is in jail since 1.3.1993 and, therefore, he may be released on bail. Learned Public Prosecutor submits that the petitioner cannot claim any right to be released on bail merely on the ground that the petitioner is in jail and that opium has been recovered in small quantity as the petitioner had no licence or permit and particularly when a sum of Rs. 4,000/-: in cash was also recovered from him. He has placed reliance on Man Singh v. State, Angrej Singh v. State, and Narcotic Control Bureau v. Kishan Lal. Heard learned counsel for the parties: In the cases where the recovery of opium is small in quantity, is one of the circumstances while considering such cases with other circumstances on the basis of which this Court has been granting bail. But now-a-days the offence under the Act are increasing rapidly and even young boys are involving and becoming addict of such substances which is hazardous to the individual and the society as a whole, and the purpose of preventing use of contraband and object of the Act, is being frustrated by such activities. In the instant case though only 40 gms. of opium has been recovered but under tile circumstances at this stage it cannot be said that the petitioner has been falsely implicated as he has not made any averment to show his innocence nor he was averred that the opium was kept for his personal use. In view of this, without expressing any opinion on the merits of the case, I am not satisfied and think it proper to enlarge the petitioner on bail. An this stage, MR. Singhvi does not want to press this bail application. The application for bail filed by Bhanwarlal u/s. 439, Cr. P.C. is rejected as not pressed. Petition dismissed.