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N.K.JAIN
Man Singh – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Counsel for the parties:
For the Applicant - Ram Rakh.
For the Respondent - H.R Panwar, P.P. & Lalit Kanwadia.

JUDGMENT

N.K. Jain, J. - Learned counsel for the petition submits that the petitioner is entitled to be released on bail as he was found only with 18.500 Kgs. off poppy husk. He submits that this Court has granted bail in Zakir Hussain v. State1, where six quintals 56 Kgs. 500 gms 'Post Chura was recovered and Misc. Bail App. No. 2087/922, 'poppy husk' was recovered. He also submits that even where opium and smack was recovered bails have been granted in the cases viz. Banshi Lal v. State3, of smack was recovered, Shankerlal v. State4, where 560 gms of opium was recovered, Narayanlal v. State5, where. 1.940 kgs., opium was recovered, Ramesh Kumar v. State6, where 1.800 kgs. of opium was recovered, Babulal v. State7, where 210 gms. of opium was recovered, Vijendra v. State8, wherein opium was recovered and in Mahipal v. State9, the petitioner was granted bail who was alleged to have been found in possession of 16.300 kgs. 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. 4252/91. 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 h

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