MAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) LEARNED counsel for the petitioner submits that the petitioner is entitled to be released on bail as he was found only with 18. 500kgs. of poppy husk. He submits that this Court has granted bail in Zakir Hussain vs. State (1) where six quintals 56 kgs. 500 gms. 'post Chura' was recovered and Misc. Bail No. 2087/92 decided on 12. 3. 1993 where 15 kg. of 'poppy husk' was recovered. He also submits that even where opium and smack was recovered bails have been granted in the cases viz. Banshilal vs. State (2) decided on 10. 1. 1992 where 360 gms. of smack was recovered, Shankerlal Vs. State (3) decided on 17. 1. 1992 where 560 gms. of opium was recovered, Narayanlal vs. State (4) decided on 29. 1. 1992 where 1. 940 kgs. opium was recovered, Ramesh Kumar vs. State (5) decided on 03. 2. 92 where 1. 800 kgs. of opium was recovered, Babulal vs. State (6) decided on 17. 7. 1992 where 210 gms. of opium was recovered, Vijendra vs. State (7) decided on 26. 6. 91 wherein opium was recovered and in Mahipal vs. State of Raj. (8) decided on 05. 2. 1992, the petitioner was granted bail who was alleged to have been found in possession or 16,300 kgs. of opium as the co-accused who had 90. 300 kgs. of opium was granted bail on 10. 1. 1992 in S. B. Cr. Bail Application No. 4232/91. He further submits that the petitioner is in jail for the last four months, so now the petitioner may be released on bail.

(2.) ON the other hand learned Public Prosecutor submits that under the N. D. P. S. Act normally bail should not be granted. He has placed reliance on (9) wherein bail was refused even when the opium recovered was one kg. and the accused had remained on interim bail. He also submits that this Court has also not granted bail even 'post doda' recovered was 160 gms. In Madanlal vs. State (10) decided on 03. 2. 93 and ultimately the application was dismissed as withdrawn.