Ghansyam vs State of Rajasthan through P.P.

Sabina, J.—Petitioners have filed this petition under Section 439 Code of Criminal Procedure 1973 seeking regular bail in F.I.R. No. 184/2016 registered at Police Station Asnawar, District Jhalawar, for offence under Section 8/18 and 29 Narcotic Drugs and Psychotropic Substances Act 1985.

Learned counsel for the petitioners has submitted that as per the prosecution story petitioners and their co-accused Sakir were found in possession of 2 kilo 500 grams of opium. As per Section 2(VII-a) of the Act, commercial quantity in relation to Narcotic Drugs and Psychotropic Substances means any quantity greater than the quantity specified by the Central Government by notification in the Official Gazette. As per the notification, in case a person is found in possession of more than 2.500 Kg. Opium could be described to be in possession of commercial quantity of the contraband. Petitioners are in custody since 7.10.2016. Petitioners are not involved in any other case under the Act. Presently petitioners are in judicial custody and are not required for further investigation.

Learned State Counsel, on the other hand has opposed the petition.

Keeping in view the facts and circumstances of the present case, it would be just and expedient to order release of the petitioners on bail.

Accordingly, without expressing any opinion on the merits of the case, this petition is allowed. Petitioners be admitted to bail subject to satisfaction of the Trial Court.