BHANWAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD. Perused the case diary. It is alleged that on 29-6-1994, 750 gms. of opium was recovered from the possession of coaccused Udai Lal, who during interrogation informed the Investigation Officer that he had purchased the said opium from petitioner Bhanwar Lal. Admittedly the petitioner holds a licence to cultivate the opium. Babu Lal and Shanti Lal in their statements recorded under section 161 Cr. P.C. have stated that the price of the opium was not settled by the petitioner and co-accused Udai Lal in their presence. The petitioner was arrested in this case on 3-7-1994 and a search of his house was also taken, but nothing incriminating was recovered.

(2.) KEEPING in view all the. facts and circumstances of the case as also keeping in view the specific provisions of section 37 N.D.P.S. Act, I am of the considered opinion that it is a fit case, wherein the petitioner should be granted bail. Accordingly this petition is allowed and it is ordered that petitioner-Bhanwar Lal be released on bail, provided he executed his personal bond for a sum of Rs. 10,000/- (Rs. ten thousand) and furnishes two sound and substantial sureties for a sum of Rs. 5,000/- each to be satisfaction of the learned Special Judge, N.D.P.S. Cases, Pratapgarh for his regular appearance before him in the case on each and every date of hearing. He will also give a written undertaking to the effect that he shall keep peace and be of good behaviour and shall not commit any offence under the N.D.P.S. Act during the trial of this case. Petition allowed.