MUNNA @ SHYAM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The applicant is alleged to have been found in possession of 500 gram poppy of opium powder and is committed offence under Sec. 8 and Sec. 15 of the NDPS Act.

(2.) It was contended by the learned counsel for the applicant that since the applicant comes from a Rajput Family who customarily consume liquor prepared with poppy powder, it may be possible that the applicant was having such powder in his possession for personnel consumption. It was further submitted that the substance alleged to have been recovered from the possession of the applicant was only worth Rs. 40.00 at the most.

(3.) The learned Public Prosecutor, however, referred to the provisions of Sec. 37 of the Narcotic Drugs Act which could be imposed a restriction on the powers of this Court with regard to grant of bail to the offenders under the NDPS Act.